In a recent case before the Ontario Superior Court of Justice, WCC No. 31 v. Silberberg et al, a condominium corporation obtained an order prohibiting the unit owners, Mr. and Mrs. Silberberg, from smoking on their balcony in contravention of the condominium rules. Read the article………………………………
Grandparenting Not Required for Rule to Be Reasonable (ON)
A recent application (Wellington Condominium Corporation No. 31 v. Silberberg) before the Superior Court considered whether a condominium corporation’s newly enacted rule prohibiting smoking within the common elements of the condominium plan was unreasonable. Read the article………………………..
Thirdhand smoke: An unseen hazard might be affecting your home
Adopting smoke-free policies in condominiums and housing cooperatives can help make a community more appealing to potential nonsmoking residents. But what if there’s a lingering tobacco odor and yellowish stains on the walls of a unit being sold after its former occupant has moved out? Read the article…………………………
Adopting Smoke-free Policies in High-rises
Smoking bans in the U.S. have become commonplace over the past three decades. Policies have been adopted by local and state governments to make workplaces and public spaces completely devoid of smoke from cigarettes and, more recently, vaping devices. Secondhand smoke concerns have ignited efforts to completely ban smoking in high-rise residential buildings too. […]
Condominium board’s rule-making authority in question (FL)
Dear Poliakoffs, With respect to the column regarding smoking on condo property, please clarify what I construe to be two incompatible statements: First, you stated that “…. most associations, by virtue of the governing documents, have broad authority to govern the use of the common elements, including promulgating rules that are necessary for the health, […]
Court Upholds Condo Smoking Ban
In what may be the first case of its kind (at least as it pertains to cannabis), the Québec Superior Court of Justice recently upheld the legality and enforceability of a condo rule preventing tobacco and cannabis smoking inside units and in any enclosed common elements. This is good news for those wishing to enforce […]
Condominium association can ban smoking at pool (FL)
I am wondering about the application of the clean air act in condominiums. A couple of board members at our condominium made “no smoking” signs and put them out around our pool. Is this just two smoker-haters trying to enforce an illegal restriction? What can they really do if people light up? I’ve been living […]
Smoking can be prohibited in units (IL)
Q. I live in a condominium, and I am a cigarette smoker and occasional cigar smoker. The board of the association is circulating an amendment to the declaration that would prohibit smoking in units. I feel the board is trying to get me to move. Can the declaration really be amended to ban smoking in […]
“Vaping” Rules Questioned (FL)
Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think? Read the Q&A………………………
Clearing The Air in an HOA: Guide For Members Dealing With Secondhand Smoke
The health hazards of secondhand smoke entered the public consciousness with a 1986 Surgeon General’s report. Since then, state and local governments, and many homeowners and condo associations, have adopted policies intended to limit exposure. Millions of former smokers have quit over the last few decades, and far fewer young people will ever pick up […]
Can you smoke inside your own condo or apartment? (FL)
Do you have the right to smoke in your own condo or apartment? And do you have any rights if your neighbor is a smoker and you can smell the smoke in your home? It’s a question one woman has brought to Help Me Howard with Patrick Fraser. Sharon Karle is a smoker. Sharon Karle, […]
Wisconsin Condo Law and Smoking
Wisconsin law prohibits smoking in the common areas of all condominiums. Newly built condominiums can relatively easily prohibit smoking also in individually owned units, although enforcing a smoking ban in privately owned units can be challenging. Read the article………………
Orillia condo residents fired up by smoking ban (ON)
A wide-ranging smoking ban at a local condominium complex has left some residents feeling burned. The policy at Village Green Condominiums applies to tobacco and marijuana alike and was announced shortly before the legalization of pot. “If you can’t do it on the property — period — where do you go?” asked Jason Leger, a […]
Plainsboro condo complex bans smoking (NJ)
A condominium complex in the township is going entirely smoke free. Ravens Crest East at Princeton Meadows Condominium Association has banned smoking within the perimeters of the community, including on balconies and inside units. The ban takes effect on Jan. 1. Read the article………………
Condo board asked to deal with secondhand smoke (IL)
Q. I recall that you have addressed second hand tobacco smoke, but I can’t recall your guidance. One of our residents works from his unit and chain smokes all day. His neighbors have bombarded the association with complaints that they smell cigarette smoke in the hallway next to his unit and in their adjacent units. […]
Can my North Carolina HOA ban smoking?
I get asked this question frequently. With more public and private facilities now smoke-free, and the knowledge of the dangers of even remote second hand smoke widespread, non-smoking owners and board members start to wonder if they can limit or even prohibit smoking within their communities. Read the article………………
Smoking ban inside co-op and condo units picks up steam in NYC buildings
Though banning cigarette smoking in apartment building common areas is nothing new, New York City’s co-op and condo buildings have been voting to keep residents from lighting up even inside their own units, the Wall Street Journal reports. Co-op and condo lawyers say the sentiment in favor of clean, green air is growing, and tolerance […]
Smoking: Can an Association Ban Smoking? Part Two
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 in the face of legal challenges. […]
Smoking: Can an Association Ban Smoking? Part One (WA)
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. […]
Can Community Associations Ban Smoking in Common Elements, Limited Common Elements and Units? (FL)
Smoking is not as popular as it used to be. It’s now perceived as more of a nuisance than it is hip. Due to health issues and medical concerns, many private establishments enforce rules against smoking. In fact, state law prohibits smoking in many public places. This has led board members and managers to wonder […]
Board Recoups Big Legal Costs After Evicting Smoker (NY)
Some co-op and condo boards are penny wise pound foolish. And then there’s the board at an 80-unit co-op in Wheatley Heights, Long Island, which decided to spare no expense when it set out to evict a shareholder who repeatedly flouted the co-op’s smoking ban. It was a gamble that came with no guarantees and […]
Times Are Changing: Smoking In Your Condo
Smokers, beware! “The times, they are a-changing.” And with more and more marijuana use, this is now a hot-button topic. If your next door neighbor in your condominium association cooks his native food which creates an objectionable odor, will your condo board of directors be required to take any action against that neighbor? Probably not. […]
Singapore: Condo management sparks row by telling residents they can’t smoke on their balconies
The management agent of the Meadows @ Peirce recently sent out a circular telling residents they should not smoke in their balconies and window areas, in addition to common areas where smoking is prohibited by the National Environment Agency (NEA). It cites a clause from the Building Maintenance and Strata Management Act (BMSMA) that prohibits […]
Condo Balcony Fires
Toronto Fire Services recently held a press conference about the increasing number of fires on condo balconies caused by cigarettes being carelessly tossed from balconies. At the time of the press conference, there had been 27 balcony fires causing over $300,000 in property damage, in comparison to a total of 25 balcony fires in all […]
Smoking Complaints-The Saga Continues
Given the municipal smoking ban in public places(1) and the proven harm of secondhand and third hand smoke, many Boards continue to be besieged with complaints from residents of transmission of smoke into their homes. These complaints can range from annoyance with smoke odors to complaints that smoke transmission is life-threatening and renders a home […]
The State of Smoking: LegalMarijuana vs. Smoking Policies
While the exhortation to “smoke ‘em if you got ‘em” has never really gone out of style, one should take caution before lighting up just anywhere. Many places, from restaurants to airplanes to hospitals, expressly and strictly forbid anyone from smoking anything at all. And while those nonsmoking spaces are fairly cut-and-dry, the rules are […]
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 back maintenance, interest, and attorney’s fees after she claimed secondhand smoke had permeated her apartment […]
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 an anti-smoking law in 2009 which prohibits smoking in restaurants and bars, as well as […]
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 an anti-smoking law in 2009 which prohibits smoking in restaurants and bars, as well as […]
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 established.” I live on the second floor of a two-story condominium building. When someone smokes […]
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. Whether you have a respiratory problem such as asthma, are concerned about the health effects […]
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 all of the pools. Is there a grandfather clause for my type of situation? One […]
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 made smoking a hot topic in HOAs, so check out everything you need to know […]
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 interest and legal fees. Read the article……….
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 buses, and while operating a vehicle or boat. Read the article……………
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…………
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 Tower at 300 E. 54th Street did nothing to prevent second-hand smoke from wafting into […]
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 parties. Read the article………….
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 smoke from other apartments had permeated her unit and rendered it uninhabitable. Read the […]
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…………
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………..
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 14-story condominium at 1101 North Elm St. in Greensboro, for 16 years, we became personally […]
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 to have changed the law with respect to condominiums, it is worth remembering that pursuant […]
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 possession of marijuana after police brought the dog into a common hallway he shared with […]
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 and restaurant patios (whether covered or not). This raises again the question of whether it […]
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? By defining secondhand smoke as a nuisance, local and state governments can do the heavy […]
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. Read more……..
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.” Read more…….
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 cigarettes. Read more……….
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 is intolerable and cites to the “nuisance” provision within the association’s governing documents. Read more………