What kinds of rules and regulations do Associations regulate?
Typical covenants, codes and restrictions (CC&Rs), which govern
condo associations, give the board authority to make and enforce
reasonable condo rules for the use of common property. But that would not
apply to interior spaces owned by smokers themselves.
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 condo association probably could restrict
smoking in its outdoor spaces).
The 1990 Americans with Disabilities Act does not require strictly
residential apartments and single-family homes to be made accessible.
But all new construction of public accommodations or commercial
projects (such as a government building or a shopping mall) must be
accessible. New multi-family construction also falls into this category.
In all states, the Federal Fair Housing Act provides protection
against discrimination for people with physical or mental disabilities.
Discrimination includes the refusal to make reasonable modifications to
buildings that aren't accessible to the disabled.
