Smoking: Can an Association Ban Smoking? Part Two

February 16th, 2018
Posted By
Valerie Farris Oman
Methods of enacting a no-smoking rule 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… Read More
Read More
Categories: Condominium Laws, Governing Documents
Tags: amendment, ban on smoking, condominium, declaration, no-smoking, nuisance, smoking

Smoking: Can an Association Ban Smoking? Part One

February 14th, 2018
Posted By
Valerie Farris Oman
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 tob… Read More
Read More
Categories: Condominium Laws, Governing Documents
Tags: common areas, limited common areas, marijuana, restriction on use, smoking, tobacco, vape, vaping

Smoking in Condominiums

November 30th, 2010
Posted By
Ken Harer
In preparing for a presentation I will be doing this January, I have done a bit of research into whether condo associations can prohibit smoking within their communities. Condo associations almost always have the ability to restrict smoking in common… Read More
Read More
Categories: Condominium Laws
Tags: restriction on use, smoking, smoking in unit

Can Community Associations Regulate Smoking?

August 18th, 2010
Posted By
Valerie Farris Oman
Our clients often ask us about what authority, if any, they have to regulate or even prohibit smoking – in common areas, limited common areas, or even inside individual units. Generally speaking, associations have the authority to regulate or prohi… Read More
Read More
Categories: Governing Documents
Tags: board of directors, common areas, limited common areas, restriction on use, rules and regulations, smoking, unit