Dealing with Secondhand Smoke in Your Ohio Home

Every Ohio tenant knows that living in an apartment or condo complex is often challenging, especially when your neighbors’ actions interfere with your life in unpleasant ways. Along with noisy neighbors, secondhand smoke is increasingly becoming a common tenant complaint.

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Can my condo snuff out my right to smoke?

Q: I have owned my condominium unit for more than 14 years. I enjoy having an occasional cigar at the designated smoking section provided at the condominium pools. About a year ago, a new board decided to ban smoking at

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HOAs and Smoking Policies

Smoking may not be as popular as it used to be, but some people still choose to do so, which is their right. However, it is also the right of every non-smoker to be safe from second-hand smoke. This has

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CDC Study: Second-Hand Smoke Drifts into Smoke-Free Multi-Unit Housing

People living in apartments or condos who have established smoke-free homes are still being exposed to the dangers of second-hand smoke, according to a new study released Wednesday by the Centers for Disease Control and Prevention.     Read the article……………

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Secondhand Smoke Is Now a First-Class Headache (NY)

A Manhattan co-op that allowed secondhand smoke to waft into shareholder Susan Reinhard’s apartment recently took a big hit: the State Supreme Court ordered the co-op to refund all of Reinhard’s maintenance since 2007, which came to about $120,000, plus

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Medical marijuana exempt from “no smoking” law?

The new bill, sponsored by the California Apartment Association, would make it clear: medical marijuana smoking can be banned wherever smoking is prohibited. That includes within 1000 feet of schools and recreation centers (unless it’s in a residence), on school

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Snuffing out the smokers in condominium buildings

Even as of a few years ago, it was almost unheard of for a condominium building to go nonsmoking. Apparently there was fear that in doing so, property values would suffer as potential smoker purchasers would look elsewhere. This is

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QLD: Smoking in Strata

If you were a smoker you couldn’t help but feel a little threatened (and perhaps rather heavily taxed) given the range of legislated rules around smoking. Smoking has now been banned in aged care facilities and one of the recent

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Condo Smarts: Ground-floor heavy smokers annoy other strata residents

Dear Tony: We have a chronic problem in our strata with two heavy smokers who live on the ground floor. They either smoke on their patios or in their strata lots and the smoke travels to the other homes.  Read

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Smoker claims strata’s ban violates her human rights (BC)

An apartment-bound B.C. woman with severe anxiety is taking her strata council to B.C.’s Human Rights Tribunal for introducing a non-smoking policy that would force her off the premises to have a cigarette.    Read the article…………

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Condominium Association: Helping Unit Owners Breathe Easy – How to Ban Smoking On Limited Common Elements

While enjoying themselves on their balcony, condominium unit owners have been consistently molested by clouds of cigarette smoke emanating from their neighbor’s balcony. They want to know what the Association can do to help.   Read the article…………

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VIC: Is it illegal to smoke cigarettes in an Owners Corporation?

The legal position on smoking in Owners Corporations varies between each state and territory in Australia and as such this article will focus on Victoria specifically.  As greater awareness continues to highlight the disastrous impact that second hand smoke can

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Attorney Tip: Stop the Spread of Smoke Now (NY)

Earlier this year, state Supreme Court Judge Arthur Engoron awarded a co-op shareholder named Susan Reinhard the staggering sum of $120,000 in back maintenance, plus interest and attorney’s fees. Reinhard claimed in a lawsuit that the co-op board at Connaught

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Condo Board Did Not Provide 10 Days’ Warning of No Smoking Rule (CT)

Tavella v. Rolling Ridge Condominium Assoc.   Connecticut General Statutes §47-261b(a) requires that a condominium board provide 10 days’ advance warning to unit owners of an intent to adopt a rule. Plaintiffs own unit 281 in defendant condominium association in Norwalk

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Smoke Migration and the Obligations of the Condominium Corporation

A recent court decision, MTCC No. 985 v. Cheney, provides a nice summary of the obligations of a condominium corporation dealing with smoke migration.  In this case, the owners were forced to move out of their unit because of cigar

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Condominium Dispute About Cigar Smoke Escalates Out of Control

In a recently reported case, MTCC No. 985 v. Cheney, a long-running dispute between the owners of a unit and the condominium corporation about cigar smoke infiltrating into the owners’ unit turned out to be an expensive venture for both

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The (Non) Smoking Gun: What You Need to Enforce Strata Bylaws in Court

In the recent BC Supreme Court decision of Strata Plan NW 1815 v Aradi, 2016 BCSC 105, the Court clarified its authority to step in and enforce bylaws enacted by strata councils. The bylaw at the centre of this dispute

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The Price of Smoking in Co-ops Just Went Up. Way Up

In a decision that’s sure to fuel the smoking debate in every co-op in the city, a state Supreme Court judge has awarded more than $120,000 in back maintenance, interest and attorney fees to a co-op shareholder who claimed that

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Tenants Held Liable for Violation of Condo Smoking Rules

In a recent Ontario case, TSCC No. 2032 v. Boudair, tenants of a condominium unit were held responsible for their violation of the condominium corporation’s rules regarding smoking.   Read the article…………

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No Smoking Bylaw Enforced by BC Court

The heated debate continues between the ‘rights’ of people to smoke in their own units versus the ‘rights’ of non-smokers to be free from experiencing second-hand smoke in a condominium. Condominium living and the law continues to swing the pendulum

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Court Orders Condo Owner to Stop Smoking in Unit

The British Columbia Supreme Court recently ordered a condominium unit owner to cease smoking in his unit in contravention of the strata corporation’s bylaws.   Read the article………..

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Judge orders B.C. man to stop smoking while appealing condo’s ban

A life-long smoker has been ordered to stop smoking cigarettes inside his apartment while he waits to challenge his condo corporation with a human rights complaint.   Read the article………….

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Strata heads to B.C. Supreme Court to get senior smoker to butt out

A strata council’s fight to force a cigarette-addicted army veteran to quit lighting up in his condo opened Tuesday in B.C. Supreme Court.  The council is seeking a court order against Langley senior Paul Aradi, claiming he’s been warned numerous

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Why your condo neighbours (BC) might not be allowed to smoke on their own balconies

There are strict rules in today’s world about where you can smoke and where you can’t, but as a Salmon Arm man found out through a lengthy legal battle with his strata council, there are some grey areas.    Read

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No smoking: Local condo tower fought to clear the air

Though we have practiced law together our entire legal careers, my husband and I have rarely had the opportunity to work together on a legal issue that we have both felt so passionately about. Having lived at the Hampshire, a

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Wake Up and Smell the Smoke – Prohibiting Smoking

Smoking in strata buildings has been around for years. It has never received much attention. This is surprising considering the statistics. Research has shown that between 28 – 53 per cent of residents in non-smoking units are exposed to second-hand

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Neighbours don’t have to put up with second-hand smoke in strata buildings (Australia)

The story of Lynette Laming and her young daughter is not unusual to Cancer Council NSW staff. We regularly receive emotional calls from distressed parents living in an apartment block where they are forced to breathe their neighbour’s toxic cigarette

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Suffolk (NY) passes apartment (and condo) complex smoking ban

The bill pertains to any properties that have 10 or more units – such as apartment buildings, condo complexes and senior facilities. It states that smoking would be prohibited in all common spaces inside and out — including hallways, playgrounds,

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4 Benefits of Smoking Policies for Multi-Unit Communities

For people who don’t smoke, secondhand smoke is a huge nuisance and health risk. In communities with detached units, such as homes, it’s not a big issue if someone smokes in their own home. However, in multi-unit communities, such as

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Multi-unit smoking ban passed in Manhattan Beach (CA)

Despite a last minute plea from the Manhattan Village Homeowners Association to be exempt from a ban on smoking in multi-unit residences, the city council decided not to exclude them and narrowly passed the law Tuesday night.  The council voted

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Strata-dwelling smokers and barbecue aficionados could be fined under proposed changes to NSW laws (Australia)

Smokers and barbecue aficionados could be fined if their smoke drifts into nearby dwellings, under proposed changes to New South Wales strata laws.  Under the proposed changes, tenants who create “nuisance or hazard” smoke that drifts into neighbouring homes could

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Smoking and Your Community

Smoking used to be acceptable in public, but with the push toward healthier lifestyles, many people have stopped smoking and want to escape secondhand smoke altogether. This, however, has created a problem for HOAs: to ban or not to ban

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Second-Hand Smoke

Condominium board members that are feeling pressure from members to address the issue of second-hand smoke will be pleased to learn that there is a combined effort on the part of the U.S. Department of Housing and Urban Development (HUD),

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Smoker-rights battle heads to B.C. Supreme Court

They claim he’s infringing on their rights, he claims they’re violating his.  Now, a bitter battle between a Langley condo board and Paul Aradi, a man who says he should have the right to smoke in his own condo, is

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Smoking bans spread to balconies (Norway)

A new condominium project in the Oslo suburb of Bærum will ban smoking on balconies and in the garden terraces of those with units on the ground floor. Developers claim the smoke would otherwise bother neighbours.   Read the article………..

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Condo smoking bans catch fire around Chicago (IL)

A handful of Chicago condo buildings have recently decreed that smoking isn’t allowed anywhere indoors—no ifs, ands or butts—even in a resident’s own home, and several more buildings are considering similar prohibitions.    Read the article……….

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Could Your Condo Ban Smoking? Lakefront Highrises Lead the Way (IL)

Smoking bans have been spreading from restaurants, to bars, to public spaces, and now it appears private condos could be the next frontier.  The first condominium to ban smoking, including inside private residences, was in the Gold Coast in 2010

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Condo Questions: Bylaw amendment required to butt out balcony smoking

Q: I live in an apartment-style condominium. A few months ago, the board adopted a policy to ban smoking on balconies. Is this legal? The policy does not state what will happen if an occupant is caught smoking, but the

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Condo smoking ban difficult to fight

Q: I own a condo in New Jersey, and smoking in one’s unit and on the unit owner’s balcony is allowed. No smoking is allowed in the common areas.  The board is preparing to vote on a 100 percent no-smoking

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Condominiums Have an Obligation to Prevent Smoking in Common Areas (ON)

Earlier this year, the province of Ontario prohibited smoking on patios of restaurants and bars. We already blogged on whether this new prohibition prevented smoking on exclusive-use balconies in condominiums.  While this recent change in the legislation does not appear

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ND Supreme Court: Warrantless drug-sniffing dogs OK in condos

The North Dakota Supreme Court says it’s OK for police to bring drug-sniffing dogs into privately owned condominiums without a warrant.  The opinion posted last week rejected an appeal by Andrew Williams, a West Fargo man who was arrested for

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Can Condos Prohibit Smoking on Balconies?

As part of the province’s Smoke-Free Ontario Strategy, Ontario has taken a further step towards a smoke-free Ontario. As of January 1st, 2015, it is illegal to smoke on or around children’s playgrounds, publicly owned sports fields/surfaces and all bar

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Is it time for Local and State Governments to do some of the heavy lifting for community associations when it comes to secondhand smoke?

Has your condominium or cooperative board been contacted by a member who has been impacted by a neighbor’s nicotine habit? Has your Board struggled to understand what your obligations are and how much it will cost you to find out?

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Fourth smoke-free condo planned in Fort Lauderdale (FL)

About two years ago, when Dennis Eisinger and Jean Francois Roy announced plans to build a smoke-free condominium in Fort Lauderdale, they were just hoping the concept wouldn’t curb sales.  But it turned into a major selling point,     Read

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D.C. man can’t smoke in own home due to temporary, precedent-setting court order

Under D.C.’s new law, anyone can smoke pot in their home. But a temporary decision by a Superior Court judge means one man in the District can’t light up anything at his home—including pot and cigarettes. The 7 On Your

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East Bay residents respond to AC Transit ads about smokefree housing

The lung association’s advocacy manager Alexandria Nelson said the association has been hearing from suffering renters and condo owners and from landlords supportive of smokefree housing. More have called to say their willing to advocate for smokefree housing laws.  

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Can a Condominium Association Ban Smoking in an Individual Unit?

States, cities and businesses are banning smoking in more and more places. Can condominium associations do the same by prohibiting residents from lighting up in their own homes? Many American smokers may think that’s unconstitutional, illegal or just plain “un-American.”

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Condo buildings are banning smoking, even in residents’ own units (PA)

Where there’s smoke, there’s ire. High-rise condo buildings such as the Dorchester and Society Hill Towers and luxury buildings such as the St. James are starting to ban resident smoking – even in residents’ own units.     Read more………

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E-Cigarettes in Your HOA or Condo Association

E-cigarettes or electronic cigarettes, the cigarette-shaped devices which contain a nicotine liquid that is vaporized and inhaled has greatly increased in popularity. E-cigs have been touted as being smoking cessation devices and a better option to smoking a pack of

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What’s That Smell? Dealing with Secondhand Smoke in Community Associations

More and more often community associations are caught in the middle of disputes between individual homeowners regarding the drifting of cigarette smoke from one unit to another. On one side is the complaining homeowner, who claims that the cigarette smoke

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