HOAs Can Ban Smoking within Condominium Units

A common conflict that occurs within homeowners associations, and in particular those that govern condominiums, relates to complaints by individuals who are affected by secondhand smoke resulting from smoking by a resident or guest that is in a neighboring unit or in close proximity. Dealing with such conflicts involves a balancing of rights between the parties.  While the offending party that is creating the secondhand smoke will argue that he or she has a right to smoke, the party complaining of the effects of the secondhand smoke will argue that he or she has a right to the quiet enjoyment of their own units and should not have to put up with secondhand smoke that permeates into their unit.

The directors and management personnel for homeowners associations who have the responsibility of dealing with complaints relative to secondhand smoke must be familiar with the provisions contained in the Association’s governing documents that would apply to smoking.  Virtually all HOAs have provisions in their governing documents (ie. their CC&Rs) that prohibit association members from engaging in activities that constitute a “nuisance.”  Such general provisions are designed to cover a range of activities that might possibly create a nuisance, such as: