Methods of enacting a no-smoking rule There are three ways we have seen clients enact (or attempt to enact) a no-smoking rule: 1) Amendment to Declaration/CC&Rs: This method is likely the most difficult and costly way to enact a smoking ban, but it will be given the most deference by courts and be relatively strong…
Tag Archive: smoking
Smoking: Can an Association Ban Smoking? Part One
An association may enact a rule banning smoking in common areas, and can probably ban it in individual units/homes as well. However, an association must consider several potential risks and benefits before enacting such a rule. We generally treat tobacco, marijuana, and vaping any substance the same way in adopting and enforcing community association rules….
Smoking in Condominiums
In preparing for a presentation I will be doing this January, I have done a bit of research into whether condo associations can prohibit smoking within their communities. Condo associations almost always have the ability to restrict smoking in common areas, and even limited common areas like decks and patios. But can they prohibit smoking…
Can Community Associations Regulate Smoking?
Our clients often ask us about what authority, if any, they have to regulate or even prohibit smoking – in common areas, limited common areas, or even inside individual units. Generally speaking, associations have the authority to regulate or prohibit smoking in the common areas as well as limited common areas like decks. The best…
Tag Archive: smoking
Smoking: Can an Association Ban Smoking? Part Two
Methods of enacting a no-smoking rule There are three ways we have seen clients enact (or attempt to enact) a no-smoking rule: 1) Amendment to Declaration/CC&Rs: This method is likely the most difficult and costly way to enact a smoking ban, but it will be given the most deference by courts and be relatively strong…
Smoking: Can an Association Ban Smoking? Part One
An association may enact a rule banning smoking in common areas, and can probably ban it in individual units/homes as well. However, an association must consider several potential risks and benefits before enacting such a rule. We generally treat tobacco, marijuana, and vaping any substance the same way in adopting and enforcing community association rules….
Smoking in Condominiums
In preparing for a presentation I will be doing this January, I have done a bit of research into whether condo associations can prohibit smoking within their communities. Condo associations almost always have the ability to restrict smoking in common areas, and even limited common areas like decks and patios. But can they prohibit smoking…
Can Community Associations Regulate Smoking?
Our clients often ask us about what authority, if any, they have to regulate or even prohibit smoking – in common areas, limited common areas, or even inside individual units. Generally speaking, associations have the authority to regulate or prohibit smoking in the common areas as well as limited common areas like decks. The best…