Q: Our association has adopted a rule that prohibits all on the premises, including individual units, except for small specified areas outside. This rule was passed by voting at an annual membership meeting. We have owned a house for 25 years here, but no one was dissatisfied with his wife’s smoking. Is this rule being forced to stop smoking at home? – invoice
A: Most of the jurisdictions have been banned indoors by most associations for a long time. In the past 10 years, the ban has been expanded to a limited common element such as balcony.
Recently, many associations have enacted rules that prohibit smoking in individual units. Because this trend is so new, it is still unknown whether it is supported or the association is too much because it has not been tested widely in court.
It is generally accepted that smoking can be prohibited in both common and rational rules that are well known for smoking, and that the community can prohibit smoking in both common and limited elements. I am. The same applies to related activities such as Vaping.
If you are challenged, the ban on smoking within the residents will depend on several factors. People have the right to live in their homes, but they should not disturb or hurt their neighbors. The relative rights of each individual must be balanced.
This concept should be applied to smoking prohibition. For example, if a unit shares an air conditioner with a nearby unit, it may be reasonable to prohibit smoking. However, if the HVAC is separated and an air filter is executed, it may not be reasonable to ban smoking in an apartment.
The community can implement new rules like other rules. First, you need to send the warning to a problematic housing owner. If the warning is not paid to, residents may continue to break the rules and be fined.
If the residents are still claiming smoking, your association can go to court and ask for a suspension order. Not following the instructions of the court order can lead to even more important results.
Gary M. Singer is a Florida lawyer and has a Board of Council as a real estate law expert by a Florida bar. He practices real estate, business litigation, and contract law from his office in sunrise. He is the chair of the Real Estate Division of the Broward County Association, and is a common host in the weekly radio program and reviews. He frequently consults with various companies nationwide about the general real estate issues in Florida. Send a question online at sunsentinel.com/askPro or follow with x @garysingerlaw.
