Ray Via of Whiteford, Taylor and Preston reviewed smoking restrictions at the DCMA meeting on October 11, 2016.
Major points for Boards to think about:
- Banning smoking in units has not been upheld by the courts.
- Unit owners are using the “nuisance” provision in the documents to force the Board to take action.
- If the Board takes an action and restricts smoking, due process should be used in processing the violations.
Two condominium Board's I spoke to this summer were considering amending the governing documents to restrict smoking in units and especially on limited common element balconies. Enforcement over the summer was challenging.
Learn more about Smoking and Common Interest Communities here.
Has your association limited smoking? How are you enforcing? Thanks for reading.
