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Can a Condo Assoc. enforce no-smoking rule

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stormyw2000

Guest
What is the name of your state? MA

There are five units in our building. Last night our condo association unanimously passed a new condo rule asking that smokers go to the back yard after 6:00 to smoke instead of sitting on the front stoop. (The smoke filters into the living rooms of the those on the first and second floors and is very bothersome to the other residents.) Not two hours later, people were smoking on the stoop - saying they were aware of the new rule, but the association had no right to tell them where to smoke. The parent of the smokers who is an owner in the building was at the meeting and agreed to the rule and did communicate it to the smokers. The debate is whether or not we can enforce the rule and how to do so - they are outside, but on building property. Any suggestions?
 


BelizeBreeze

Senior Member
The HOA can make such a rule and enforce it. So, those cig-heads are wrong. And they can be evicted or fined for the violation and SHOULD BE!!!
 

HomeGuru

Senior Member
stormyw2000 said:
What is the name of your state? MA

There are five units in our building. Last night our condo association unanimously passed a new condo rule asking that smokers go to the back yard after 6:00 to smoke instead of sitting on the front stoop. (The smoke filters into the living rooms of the those on the first and second floors and is very bothersome to the other residents.) Not two hours later, people were smoking on the stoop - saying they were aware of the new rule, but the association had no right to tell them where to smoke. The parent of the smokers who is an owner in the building was at the meeting and agreed to the rule and did communicate it to the smokers. The debate is whether or not we can enforce the rule and how to do so - they are outside, but on building property. Any suggestions?
**A: one suggestion would be to have the HOA hire an attorney and enforce the HOA rules.
 

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