Tag: Smoking

Many condo associations face an increased number of complaints from nonsmokers about their smoking neighbors and are being asked to take action. Oftentimes, associations are put in the awkward position of resolving the conflict between smoking and nonsmoking members. The emotions involved are heightened due to the fact that smokers believe that they have a right to smoke in their own homes, while nonsmokers believe that they have a right not to be exposed to harmful secondhand smoke.

Across the country, momentum has been building to legalize marijuana—at least for medical use. Though marijuana is still illegal under federal law, more than 20 states have adopted comprehensive medical marijuana laws—and more may soon follow.

By Carol Johnson Perkins, Esq.

Across the country, momentum has been building to legalize marijuana—at least for medical use. Though marijuana is still illegal under federal law, more than 20 states have adopted comprehensive medical marijuana laws—and more may soon follow. This fall, Florida voters will decide whether to amend the state’s constitution to allow for comprehensive medical marijuana legislation.

An Arizona HOA board has succumbed to pressure from owners in the community to reverse its ban on residents smoking medical marijuana in their yards and on their patios. The HOA board had voted to ban the use of medical marijuana in those areas, prompting residents to accuse the board of overstepping its bounds. A petition to rescind the ban had been circulated by several homeowners, many of whom cited their personal freedom as one of many reasons that they were outraged.

Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. But if a board decides to go ahead and impose a smoking ban, is simply enacting a new community rule enough?

A recent meeting of the Rocky Mountain chapter of the Community Associations Institute (CAI) centered on issues arising from the passage of a 2012 Colorado referendum legalizing the smoking of marijuana and possession of as many as six marijuana plants. CAI addressed managers’ and associations’ fears about pot smoking in communities, including fielding complaints about the smell of marijuana.

Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. Cigarettes or cigars that haven't been completely extinguished can spark flames. And secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer.

In a new proposal, Marin County, Calif., health officials are circulating an ordinance cracking down on smoking in multi-unit apartment and condominium complexes. The antismoking law, due for review by county supervisors in December, is almost identical to the ordinance adopted earlier this year by Larkspur, Calif. That city's ordinance bars residents from lighting up in most condominium and apartment units. County officials have said that the smoking crackdown is necessary to “preserve healthy communities.”

Many condo associations face an increased number of complaints from nonsmokers about their smoking neighbors and are being asked to take action. Oftentimes, associations are put in the awkward position of resolving the conflict between smoking and nonsmoking members. The emotions involved are heightened due to the fact that smokers believe that they have a right to smoke in their own homes, while nonsmokers believe that they have a right not to be exposed to harmful secondhand smoke.

A family recently sued a neighbor over his secondhand cigarette smoke, which they claimed was wafting into their condo unit and causing various health problems. The $25,000 suit was filed in July, but a New York judge recently dismissed the neighbor's motion to dismiss the case.