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.
2) Amendment to Bylaws: This is the wrong place for a use restriction, and no more enforceable than a rule.
3) Board rule or resolution: A new rule or resolution is the easiest way to implement a smoking ban, but would only be effective for common areas and limited common areas and would not be enforceable to prevent smoking in individual units or homes. Read the article……………….