Q: If smoke is blocking the neighboring resident, can the resident also sit on the balcony if it is blocking the balcony? Also, did some floors fall under the balcony and burn holes in the residents’ outdoor sofa? – Catherine
A: Smoking can be a fierce topic in shared living spaces, especially when it affects neighbors or causes property damage. Laws and regulations vary by state, city, or building, but there are general guidelines that will help you address these issues.
When it comes to smoking on a balcony, the situation often depends on the rules set by the building management or the condominium association. Many multi-unit homes have policies that restrict smoking in common areas or private balconies if they interfere with the enjoyment of the space of other residents. Smoke floating from one balcony to another can be considered an annoying thing, especially if it disrupts the ability of a neighbor to relax or enjoy his outdoor area. If this becomes a recurring problem, affected residents should document the issue and report it to the property manager.
Your community has the authority to enforce smoking restrictions, just like any other established regulations. The process begins by sending a formal warning letter to residents who violate the rules. If residents continue to ignore the rules, the community can be fined as a penalty. If this has not yet stopped acting, the next step is to file a lawsuit seeking the court to issue an order to suspend action. If the resident ignores this, the consequences can be serious.
When smoking causes property damage, the situation becomes even more severe. A cigarette butt falling down some floors and drilling holes in someone’s outdoor sofa can be considered negligent. The person responsible for cigarettes may be liable for the damage, especially if the building has clear rules for the improper disposal of smoking or tobacco waste. If the damage is severe enough, it can even lead to lawsuits.
Ultimately, clear communication and building rules must be followed to resolve smoking-related disputes. If you are unsure about the smoking policy within the building, check out the lease agreement, association guidelines, or community rules. If you are in doubt, documenting the case and addressing your concerns via the appropriate channel is the best way to ensure a fair resolution.
Board-certified Real Estate Attorney Gary Singer writes about legal issues in the industry and the housing market. To ask him questions, email him at gary@garysingerlaw.com or visit sunsentinel.com/askpro.
Original issue: June 26, 2025, 5:21am EDT
