Smoking on premises

Interdish said:

What is the name of your state?What is the name of your state? CA

I have recently moved into a condo in San Ramon. As I have a couple of cigarettes a day when I am at home I did so on my patio as I do not like smoking inside. The previous weekend one of my neighbors asked me to not smoke on my patio as it was blowing into their place. I apologized, extinquished my cigarette and went to my front patio which is around the corner. I have smoked on my front patio instead since then. The neighbors left me a letter stating I have continued to smoke on the patio (when I have not) and asked I smoke by the front door instead (which I have been doing). Mind you the maximum they would have to shut their windows is 30 minutes a day and they are siting they do not want to close them for 24 hours. They have also sited CC&R prohibit people from smoking on their patios. Is this true?


**A: how the hell should we know. Read your CC&R's and YOU tell us.
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I am trying to be respectful, but also feel I should be able to smoke on my own property. Especially as it is not often. He made a rude comment this past weekend and actually I haven't even been around the past few days when they are siting their complaint. What should I do?

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Interdish said:

Unfortunately, I do not have a copy of them and am trying to find this information. I am a roommate and friend of the owner and he doesn't know anything about this either. Maybe it would have been better if I had asked where I can get hold of a copy of the CC&R as my research hasn't turned up anything.

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dobiegal said:

The owner should have received a copy of the deed restrictions prior to or upon closing. While I don't know CA law, the same topic came up during a board meeting here in TX and the association was not allowed to request residents not smoke on the patios...it is not addressed in our restrictions, however.

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