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Can an HOA prohibit smoking?

Author: 
Kim Brown
Publication date:
August 23, 2023
Article Summary: 

The article explores whether HOAs can prohibit smoking in shared spaces and discusses various options available to HOAs. It highlights the issues with complete smoking bans and suggests exploring alternative solutions like ventilation systems or smokeless ashtrays. The article emphasizes the importance of enforcing smoking rules in a fair and consistent manner while finding a middle ground that balances the health risks of smoking with the reasonable enjoyment of homeowners' homes.

In conclusion, the article suggests that while it is possible for condo or HOA communities to prohibit smoking, implementing restrictions may be more practical. It encourages finding a middle ground that balances the health risks of smoking with the reasonable enjoyment of owners' homes.

Keywords: 

HOA, smoking prohibition, state smoking bans, shared spaces, common areas, second-hand smoke, nuisance clause, safety hazard, complete bans, amending rules, grandfathering, enforcement.

Source Citation: 
Kim Brown
Can an HOA prohibit smoking?
August 23, 2023
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