No smoking

Started by TonyN2 • 5 replies • 353 views

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TonyN2 (Illinois)
Posts: 62

Posted:

We have a strict no smoking policy in our by-laws for our condo assc. We have recieved complaints from an owner that lives above someone she claims to smell weed from. We don't have any way of currently proving what she says is true. How do you handle a situation only using smell in order to enforce the rules?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well what is the method of which you are allowed to enforce a rule? That is a better question? Does your HOA levy a fine? Is their a fining schedule? Just because you have a rule you also have to have a way to enforce it. What is yours?

Former HOA President

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By TonyN2 on 12/14/2021 8:49 PM
We have a strict no smoking policy in our by-laws for our condo assc. We have recieved complaints from an owner that lives above someone she claims to smell weed from. We don't have any way of currently proving what she says is true. How do you handle a situation only using smell in order to enforce the rules?

In my opinion, the COA is stuck (1) sending a warning letter to the lower unit; and (2) informing the upper unit that she must provide proof. I would recommend that the board be willing to send someone over, when the upper unit calls, to witness the smoke.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Augustine I would send someone who likes 2nd hand smoke.

Former HOA President

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By MelissaP1 on 12/15/2021 6:17 AM
Augustine I would send someone who likes 2nd hand smoke.

KerryL1 (California)
Posts: 14,550

Posted:

In our multi-story condo, we would need evidence too. Not just a report from one resident. We'd offer to send a staffer over to confirm where the smell is coming form.

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