Condo owner will do ‘whatever it takes’ to stop neighbours above spitting and tossing cigarettes

After more than a year of unsuccessfully trying to get condo authorities to stop his neighbours from spitting and tossing cigarette butts onto his patio, Wayne Russell says he was driven to “an act of desperation” over the weekend.  “I

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Appeals Court Reverses Big Smoking Verdict Against Co-op (NY)

A year ago, state Supreme Court Judge Arthur Engoron sent shivers through New York City’s co-op community when he ruled that Susan Reinhard, a shareholder at the Connaught Tower co-op at 300 East 54 Street, was entitled to $120,000 in

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Condo boards brace for medical marijuana smoke complaints (HI)

Right now there are some 13,000 medical marijuana patients registered in the state and that number is only expected to grow as the state’s first dispensaries open later this year.  Many of those patients live in condominiums and apartment complexes.

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No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places “smoke-free.” For its part, the North Carolina legislature passed

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The End of the Age of “Mad Men”

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places “smoke-free”.  For its part, the North Carolina legislature passed

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Condo owners have lots of thoughts on smoking issue

Lots of readers wrote in with suggestions for those condo owners whose balcony and apartment interior were spoiled by cigarette smoke from their downstairs neighbors. Some suggested legal measures.   Read the article…………..

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Condo owners weed out smoke (MA)

Pot may be legal in Massachusetts, but don’t even think about toking Afghan Kush or cultivating some Chronic buds if you live in certain buildings — including the ritzy Residences at The InterContinental in Boston.  That building’s condominium trust has

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Bill In the MD General Assembly Would Permit Restrictions and Prohibitions On Smoking By Condos, HOAs

House Bill 500, now pending the Maryland General Assembly, provides for a proposed amendment to Section 11-104 of the Maryland Condominium Act that would allow a condominium’s bylaws to include “a restriction or prohibition on smoking tobacco products within the

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2 people, parrot rescued in Tinton Falls condo fire (NJ)

Two elderly residents and a 25-year-old African Gray parrot escaped a condominium unit that caught on fire Tuesday around 9 a.m. after one of the residents left a lit cigarette on the back patio, police said.    Read the article………….

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Secondhand Smoke on Condominium Lanai: What are my Rights?

Question: I just read the question you answered in one of your prior columns about a man wanting to smoke cigars in the common area of his condominium complex. You said that “the ill-health effects of secondhand smoke are well

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The Rights Of Smokers And Non-Smokers Continue To Evolve

The rights of smokers and non-smokers in condominiums continue to evolve across Canada.  The Smoke-Free Ontario Act prohibits smoking in the interior areas of the common elements of all condominiums, and also prohibits smoking on outdoor patios of bars and

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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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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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