• A homeowners association's board of directors can restrict smoking if it applies to indoor common spaces such as hallways or recreation rooms. Outdoor spaces are a different story, say legal experts. Any restriction would probably hinge on local laws (i.e. if a city banned smoking outdoors, a homeowners association probably could restrict smoking in its outdoor spaces). Typical covenants, codes and restrictions (CC&Rs), which govern condo associations, give the board authority to make and enforce reasonable rules for the use of common property. But that would not apply to interior spaces owned by smokers themselves. Resources:* Common-interest development brochure available free from California Department of Real Estate, Book Orders, P.O. Box 187006, Sacramento, CA 95818-7006; (916) 227-0938.* Various Internet sites specializing in common-interest developments, such as those operated by the Community Associations Institute and CIDNetworks.
  • Not in your own home. some things are still personal and owned. glad i live in my own home, where i can smoke, whenever and wherever i please.
  • They can do pretty much anything they like, including changing the rules. All they have to do is vote, and it's a done deal. And individual owners aren't permitted to vote, only the board members.
  • Indeed they can, especially when the condos are conversions that have a COMMON heating & cooling ductwork system. Such absurd rules (and local statutes) in newer condos that utilize INDIVIDUAL heating & cooling ductwork would, however, be very difficult to identify and enforce. Just be careful of your neighborhood informants! In any event, they most certainly can and will enforce outdoor smoking, such as on your patio or deck -- for as curious as such restrictive bans may otherwise be. How, put on your helmet and go along your merry way like the rest of the loyal subjects, Comrade. ;-)
  • probably, my apt building makes you go outside

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