Smoking: Can an Association Ban Smoking? Part Two

/ Owner - February 16, 2018

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……………….

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