QUESTION: Can the association make it a violation to smoke on your own balcony? Wouldn't that violate the smoker's civil rights?
ANSWER: Restricting smoking is not a violation of a person's
civil or constitutional rights. Associations have good reason to regulate smoking--it is a health hazard, a fire risk, and a
nuisance. Associations have broad rule-making authority and can prohibit smoking on balconies. It can be done by adopting a rule or by amending the CC&Rs.
In addition to banning smoking on balconies, there is an increasing trend in associations to
ban smoking inside units. In addition to being a fire hazard, cigarette smoke inside units can be drawn into some buildings' central air system and distributed into other units.
ASSISTANCE: Associations needing legal assistance can
contact us.
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