Condo Association Management Blog

Same problem here. The association paid to have foam insulation put between the adjoining wall between my unit and the smokers' unit. It has help some, but has not eliminated the problem. Some of the board members are hesitant to fine the smoker because they have been friends for years. I also don't believe the association should have paid for the work. We tried to change the bylaws to make ours a no-smoking building but lost by one vote - only because we didn't grandfather the smoker in. In Illinois we needed 2/3 vote to add this as a by-law.  
 
I'm so tired of complaining. I have a large air cleaner and scented candles (all which cost ME money).  
 
Try to work with your board. If the smoker cannot smoke on his/patio or by an open window as a courtesy, file complaints until they start setting fines.  
 
Non-smokers are entitled to breathe clean air in our own homes. Potential buyers who are non-smokers will walk out of the building when they smell smoke in the entrance way and hallways. We have already had that problem with another owner who is trying to sell. 
 
There are a ton of valid reasons to pursue this. Good Luck.

First let me say I also am a NON SMOKER, however......this is a civil matter between neighbors. Condo Boards should not dictate to owners matters of person habits unless it effects a majority. I would politely suggest that if you are bothered by the smoker, go sit with them , better yet, invite them over and TALK TO EACH OTHER. My wife smokes, I ask her to smoke outside, never in the home. She does this but it created an issue for a neighbor above us. We spoke and my wife now smokes less outside on our own balcony and will many time smoke outside in our open air lobbies which are better ventilated. Additionally you could explore purchasing an inside air ionizer or generator to freshen the air and remove secondhand smoke and odors Good ones are not cheap but will do the job by ionizing the air, introducing ozone and use hepa filters to filter particles. A search on the internet will produce many options for you (and your smoking neighbor) to explore. p.s. - Many restaurants and commercial building make use of this technology. Good Luck and best wishes to a fellow non-smoker.

I talked with the smoker, sent a nicely written letter (which was also sent to the board for their information), I purchased an air cleaner (not cheap), and still have the issue. The smoker REFUSES to purchase an ashtray that is made to control the smoke, REFUSES to open a window or go onto the patio. The smoker maintains that what is done in the personal unit is their own business and they have rights too. 
 

I don't think a smoker have purchased a unit if he had known there would be a no-smoking policy. 
 
In the future this may become a issue when selling or buying.

When you live in a condo (unless if is already smoke-free) you have to expect that there will be smokers, noxious cooking odors, noise etc. If someone is hypersensitive to these things they should consider other types of housing.

I thought your rights end when they begin to infringe upon mine. 
 
Because someone chooses to smoke, another person should not have to breath second hand smoke. 
 
Would you have the right to be angry if someone walked up to you and ripped a smelly one? What if you couldnt get away from the smell? 
 
This is a choice being made by a smoker.

I live in a recently purchased condo in MD, the renters below me both smoke, outside - I can not even enjoy my balcony or leave my door open. He is always out there coughing up a lung or two. They have two small children inside. I have brought this to the HOA/Management of the unit and still have not heard back from them. I should not have to suffer due to second hand smoke that has been known to kill people. I would sell and move it I could. Frustrated..I thought a new law was passed in MD preventing smoking in communal areas? Does anyone know?

I took my bird feeder down because the neighbor complained, yet this same neighbor chain smokes on her balcony or in her bathroom right below mine using the exhaust fan to TRY to remove the smoke, which still seeps into my unit. I have complained to the condo manager to ZERO avail. It really irks me that I removed my bird feeder because it bothered her, but she will not do me the same courtesy of not smoking on her balcony. Further, I am an OWNER, and she is a RENTER. Not fair. I'd put the bird feeder back up just to tick her off, but my conscience won't allow it. I would really like to get smoking banned at the condos, which would keep a lot of undesirable people out.

I believe that a condominium could be forced to make a building non-smoking via the Federal Fair Housing Act. A tenant or condominium owner who is sensitive to tobacco smoke may be able to use the federal Fair Housing Act (FHA) to obtain relief from secondhand smoke infiltration. The FHA prohibits discrimination in housing against, among others, persons with disabilities, including persons with severe breathing problems that are exacerbated by secondhand smoke. The FHA applies to virtually all rental and condominium housing, with the exception of single family housing rented without the use of a broker and condominiums with four or fewer units.  
To use the FHA, the affected person must prove such adverse health reaction substantially limits one or more major life activities. To be "substantial" the Infiltration of Secondhand Smoke impairment must be severe and long-term. A substantial impairment could include difficulty breathing or other ailments, such as a cardiovascular disorder, caused or exacerbated by exposure to secondhand smoke. For a person who suffers from such health effects, secondhand tobacco smoke may pose as great a barrier to access to or use of housing as a flight of stairs poses to a person in a wheelchair. 
 
I wonder if this approach could also be used by people allergic to cats as well?

I see the term "forced by the government" in quite a few posts. 
 
I recall that whenever a socialist government was formed, these were some of the first things that they implemented. "Forced compliance with new government regulations, forced appearances at gatherings, forced sterilization" and so on.  
 
If a person has a bad case of halitosis or body oder that is caused by a medical condition that offends others, should the HOA have the authority to "force" those people to move?????