Can my condo association stop an owner from smoking?

A few condo owners are expressing concern that marijuana smoke drifts into their units from neighboring units. Some concerns relate to potential health risks associated with the secondhand smoke, while some owners just do not like the odor. Is there anything the COA board can do to stop the drifting smoke?

Who are the owners of a condominium property?

The corporation holds this property in trust on behalf of the homeowners as a group—it may not have ownership itself. Condominiums have conditions, covenants, and restrictions, and often additional rules that govern how the individual unit owners are to share the space. It is also possible for a condominium to consist of single-family dwellings.

How to get rid of a difficult condominium unit owner?

Denise is known for her effective dispute resolution methods in dealing with issues between condominium corporations and developers as well as resolving complicated issues faced by her condominium clients. You must be logged in to post a comment.

How does the Condominium Act affect unit owners?

You also asked if the act authorizes a unit owner to repair significant damage to his unit (but not the common elements) without the board’s approval. Your questions assume the unit owner is in a condominium that is governed by the Condominium Act.

Why is the Board of directors of a condominium association not happy?

The condominium association’s board of directors has just approved a large special assessment to finance the replacement of an aging heating and cooling system, and owners are not pleased, to say the least. But the decision infuriates one owner in particular.

Who is responsible for the maintenance of a condo?

Condo Board: On the other hand, the condo board usually maintains the common premises. However, there can be common areas which are used exclusively by owners and they should be maintained by those owners. At the same time, the board may not repair areas or items which were damaged due to negligence, misuse,…

When can condo and co-op boards fine the owners and residents?

– Adam Leitman Bailey, P.C. When Can Condo and Co-op Boards Fine the Owners and Residents? Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impost and enforce respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules.

Is it legal to smoke cannabis in a condominium?

The letter states: “The Condominium Act states a condominium association may amend their governing documents to prohibit the smoking of cannabis within an owner’s unit though allowing the consumption of cannabis by other means. The Board of Directors has approved an amendment banning the smoking of cannabis in units.

Can A CoA board stop an owner from smoking?

While there is a direct link between secondhand cigarette smoke and negative health consequences (such link has not been made with secondhand marijuana smoke), it is possible courts will still require COA boards to take action to protect owners and tenants from secondhand marijuana smoke.

Can a person lie about not smoking in a condo?

They voted against the amendment but the amendment passed anyway. They smoke but lie about their smoking. Other owners have not seen them smoke but neighbors clearly smell the smoke.

Can a Hoa restrict smoking in common areas?

However, we expect to see associations now ban marijuana smoking in common areas of buildings, and treat this issue similar to a change of rules that affect all homeowners evenly.

Can a condo board ban weed in units?

Q: I recently received a letter from my condo association about a proposed amendment to our condo declaration to ban cannabis smoking in our units.

Is it legal to smoke inside a condo?

As an owner of condo for 28 years and cigarette smoker inside condo, a new owner moved across the hall 2 years ago and now wants the board to forbid smoking in condo units (inside and outside of buildings). I do not smoke in the common hallways – just inside owned condo and outside away from building.

What happens if unit owner violates no smoking rule?

So if unit owners violate the no-smoking rule, the association can fine them. For fairness purposes, the board can set up a procedure for allowing the unit owner to contest the violation.

Can a unit owner be fined for smoking in the balconies?

In the case of a unit owner who hides their smoking habit, the association can work with adjacent owners to uncover which unit owner is smoking, and then issue the fine. To our reader who mentioned that balconies and other areas outside a unit are common areas, that’s true in some, but not all, properties.

Can your condo board ban smoking?

Yes, your condo board can ban smoking weed in your unit even if your local government legalized it Board associations can make arbitrary decisions, and no board is perfect in handling all issues….

Can a condo ban smoking in your unit?

Condominiums often prohibit pets, loud music, barking dogs or dirty living conditions. Given smoking bans in public places and the proven harm of second hand smoke, condominium associations are following suit by banning smoking in individual units. Associations often pass specific provisions or rules that ban residents from lighting up in their units.

What are non smokers rights?

NONSMOKERS help protect the health, comfort and safety of everyone by insisting on the following rights: NONSMOKERS have the right to breathe clean air, free from harmful and irritating tobacco smoke. This right supersees the right to smoke when the two conflict.

Are You Suffering from secondhand smoke coming into your condo?

Secondhand smoke coming into your condo from neighboring units poses both a health risk and a significant nuisance. If your neighbors smoke, it is very easy for secondhand smoke to make its way into your unit, which can be very frustrating and can result in a reduced quality of living.

Are there things a Hoa can’t do?

But there’s a reason that a stigma exists against homeowners associations: Board members on a power trip can institute and enforce some ridiculous restrictions. Ridiculous, like “ restricting the color of trampoline covers ” ridiculous. Like “ You must keep your garage door open during the day ” ridiculous.

Can a Hoa prohibit smoking in a building except for owners?

Can an HOA restrict smoking? This condo owner was told the association doesn’t have the authority to keep owners from smoking in their units. Q: Can a condo prohibit smoking in the building except for owners?

What can condo associations do about smoking in units?

Here’s what condo associations can do about smoking in units. Without an amendment to the condominium declaration and bylaws to ban smoking in units, a condo board cannot stop a unit owner from lighting up at home. However, the board may adopt rules and regulations to limit smoke transmission between units.

Is it legal to smoke in a condo?

While many condo residents consider smoking a nuisance, a condo association faces considerable challenges in its quest to go smoke free. It’s a bigger problem in states such as Colorado, where recreational use of marijuana is now legal. According to some legal experts, the HOA has the power to prohibit smoking in common areas.

How can I stop smoking in my condo?

But the only way to prevent smoking in condo units is to amend the condominium declarations (covenants and restrictions). That requires a supermajority of all unit owners to vote in favor of a smoking ban. Thus, it can be difficult to change condo restrictions and eliminate smoking in a condo association.