You cannot challenge it unless the majority of the complex aggrees with you. The ban is not to annoy smokers. It is to protect the rights of the other tenants who do not want smoke entering their units from neighboring balconies. The association cannot ban smoking inside any unit because they only have authoirity outside the condo not inside. So you are free to smoke all you want inside your own unit but if you prefer to smoke outside of your unit, then why would you think anyone else wants your smoke inside of their unit?
We are having our quarterly meeting next week. Our attorney will be in attendance to address our options regarding cigarette smoking in the building and in individual units. The second hand smoke - and all the smell that goes with it - permeates our hallways and some adjacent units. One unit sale was already lost due to the smell and second hand smoke. This was our thanks for grandfathering in the one unit owner that still smokes when we made our entire building 'smoke-free' two years ago. If you post again late next week, I can share the legal options with you (although we are in Illinois).
Three cheers to your Association for banning smoking!!! Ditto to what Dan said!!!
Moving forward into time, our life is becoming more restrictive. This happens when we allow others to regulate our lives and become too intrusive. Sounds like the poster isn't too connected to the rest of the Owners and Board. Most Condo owners and HOA owners don't attend meetings or pay attention to what is going on in their community. I suggest you NOW speak to others in your community and see if there are enough owners willing to start a petition to reverse this rule. It can be done if there are enough owners that take your stand. If not, you have to live with the restrictions. I doubt any of the condo Board members will break into your condo if you choose to smoke in your unit. I presume you can create a privite spot on your balcony to smoke, if you must.
Moving forward, try to be more aware of what's going on in your community....
The problem with smoking inside is that heavy amounts seep into closed-in hallways and cause them to smell really bad after awhile. Hallways are definitely common and if you’re selling, that smell could be a deal breaker. Read your condo docs for property description of what is considered common grounds. Balconies are often considered common grounds to maintain control of aesthetics and architecture, but personal behavior is perhaps a different matter. Our docs offer guidelines for respectful behavior by encouraging the use of the fan while cooking because everyone doesn't like the same odors, but doesn't say an enforcer will bang on your door and issue a fine if you don't use your fan. You could ignore the ban, smoke on your own balcony, and wait for them to challenge you.
I'm all for less controls over our lives, more freedom to do as you please when it doesn't affect others. Unfortunately those who choose to smoke in public or where others are affected seem to feel their "rights" are being taken away. The attitude "it's my right ....... and I'm not concerned with how it affects others" seem to be going hand in hand. I'm an ex-smoker and tolerant of smokers but have to draw the line when smoke accumulates in hallways and drifts in my unit from balconies. A long intro to your question "how to stop a ban on balcony smoking" - don't
It's amazing that there's a smoker alive who doesn't understand the affect on non-smokers of second hand smoke. It's also amazing that when smokers do understand this fact that they still insist on smoking where other people will suffer. I guess it's a me me me world for them. Like spoiled children.
As a recovering smoking addict (my body, apartment, clothing, and hair have been smoke free 12 years) I want to get my two cents in. Smokers should consider the needs of others. Your right to make a fist and swing at me ends at the tip of my nose.
Stop smoking for my good--no less your own.
I shocked that you are AMAZED. Seems like most people are tightly wrapped in their own life and consideration for others is gone. That's why few owners are involved with their HOA or Condo Association until something negative touches their life. Than they are ready to fight. This is the NEW reality. Too bad for all.
I suggest we also ban cooking. The cooking smells in hallways can be as offensive as smoke. I would suggest for those who have difficulty with others' habits....condo living may not be for you.
Why do you think an association only has "authority outside the condo not inside"? My condominium documents contain many use restrictions that apply inside a unit concerning such things as: sanitation, flammable materials, plumbing maintenance, pets, and doing or storing anything that increases risk to others or the cost of the association's insurance. I don't see any reason that those restrictions would not be upheld in court. The restrictions appear reasonable since there is a chance that activities inside a condo might get out and affect other units. So, as far as I can tell, an association does have reasonable authority inside a unit.
In regard to smoking, a quick google search shows that many condo associations have already amended their Declarations to ban smoking inside units and some courts have upheld it. Very contentious, however.
And then there are the fire pits with all their stink..... Condo living...ain't it great!!
Why do you think it's association's business to control people's right to enjoy their property. I don't smoke, and I can't stand the smell of cigarettes, but I would fight hard to protect people's right to engage in an activity which is absolutely legal and should be only controlled by them and their doctor.
Sales in condos are lost for many reasons: loud neighbor, dog barking, someone cooking smelly foods, etc. This is part of community living. If you don't like it move out - don't make everyone around change to accomodate your preferences.
Jeff, I would agree with you.
I do not smoke. I think people who smoke are stupid. Cigarettes are nearly $7. a pack and we have known for over 50 years that they can very well kill you. I also know that smokers still have the right to do so. As an American, I may disagree with their actions, but I will defend their right to do so.
I am also pres of our condo board. And if *anyone* wanted to ban smoking inside anyone's unit, I would feel very very uncomfortable with that person's mindset, and the thought process that leads them to believe that their rights trump others'. And to those who insist that second-hand smoke poses a health hazard, and no one should have to deal with their neighbor's tobacco smoke, I would *suggest* that they use the first rule of *be a good neighbor* and politely ask if they could smoke elsewhere or at another time. I mean really, of all the dangers and health hazards all of us face daily, is second-hand smoke even on the radar screen? How many non-smokers have fries at McDonalds, coffee at Starbucks, eat red meat and drive dangerously? How many have mold in their homes, radon gas in their basements, and eat sushi? (Really...raw fish...)
Is a whiff of a cigarette really going to hurt you? Or does it just get you mad? How do you deal with driving in traffic with all those lethal exhaust fumes?
Just my 2 cents and I hope more folks feel the same.
If I had it to do all over again, I would never have bought a condominium. In fact I constantly warn people not to ever buy any property that has any type of homeowners association. Having a bunch of creepy control freaks who you never invited or wanted in your life make petty decisions about what you are and are not allowed to do in your own home is a nightmare. I hope all associations disappear because people get smart enough to refuse to deal with them.
Sara: I'm one of those creepy control freaks that you talk about, making petty decisions every day. Decisons made more difficult by creepy-crawly owners who haven't the guts to do anything for their HOA other than occasionally crawl out of their self imposed exile to complain about the loss of freedom they expected even though they knew darn well when they bought their abode that there were things that they would not have complete control over. Never mind the right fighters who have never read any of their governing documents but "know" their "rights". There are always two sides to any story Sara.
I have received complaints in the past of smoke going through the vents, from one unit to the next. It cannot be very pleasant for the nonsmoking tenant.The smoker has rights too but those rights cannot infringe on the rights of the nonsmoker, esp if it is a health issue.
I learned in my ROP classes (for my other job) that the smoker has to be 25 feet away from nonsmokers. Why can't this rule be applied in your condo? I feel that smoking on the balconies probably is not a good idea. Smoke travels.Make a decision and vote on it. Maybe fix up a smoking area 25 feet away or more.
I really enjoy condo life myself.I realize we are inundated with rules and regs but you will find that anywhere.You might consider this and vote on it. Keep in mind that the smoking area cannot be littered with cigarette butts.
At this time we have very few smokers and I have not received any complaints lately.
Who knows? My idea just might work for you. I always try to see both both sides of an issue, not that it always works. lol
Thanks for all the anti-smoking spam, guys. I do appreciate the couple of answers that actually responded to my question, though.
Hi Victor? Could you specifically state who replied with spam?
I consider all of the anti-smoking rhetoric, which was completely unresponsive to my question and irrelevant, to be spam.
I found the range of comments, both pro- or anti-smoking, and the background issues, to be interesting and valuable. Getting a debate going back and forth can add to understanding the issue, which happened here a few times in favor of smoking. The debate was responsive to the original question and relevant. This would not have been possible without all contributions and is hardly spam. I hope many people will continue to contribute points on all sides of an issue.
I'm glad you found the discussion helpful. I did not. I didn't ask about the merits of a smoking ban, I asked how to challenge one. A few of the posts actually responded to that question.