Legal Question in Real Estate Law in California

Is it legal for a HOA Board of Directors to pass a regulation to prevent smoking on the grounds of the complex, even on your own patio, which you are resposible for maintaining? They are requiring that you smoke only in your own unit with the doors and windows closed, and if an adjoining unit owner complains, you can't even smoke in your unit or you will be fined.


Asked on 12/30/09, 11:07 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Legal? Sure. It's not a crime. They 'can' do anything they want. That doesn't mean it is enforceable. You could either protest and seek a referendum vote, or file legal action to set it aside, or you could ignore the rule and defend any action brought against you. If serious about getting legal help, feel free to contact me.

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Answered on 1/04/10, 12:33 pm


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