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……………….
Over the course of the next few blogs, we will be providing a brief overview…
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