One of the most divisive topics in Homeowner Associations is the grey area of rules around smoking. Most shared walls communities do not have specific restrictions regarding smoking in their recorded covenants. However, there are widespread calls in such communities for tougher rules to be put in place. As a result, there is currently a trend in community housing to restrict smoking not only in the common areas, but also within individual units.
Smoking has been proven to be hazardous to your health. Across the country, there is a trend to restrict smoking inside association structures, on balconies, as well as close to association structures. Depending on the state where you reside, there could be guiding caselaw, and depending on the governing documents of your association, there could be further guidance for this issue. If you are having such an issue within your association, you should seek out guidance and counsel from your general counsel.
