Legal Question in Real Estate Law in California
rights of smokers in a condominium
I own a condo in a building with 6 other owners which has and is run by an Association consisting of all 6 of us ; it is a homeowners association. The Association has Articles of Inc. and Bylaws. The use restriction article contains a Nuisance paragraph that prohibits ' noxious, illegal or seriously offensive activities ' in any part of the property .It also prohibits 'sorious annoyance or a nuisance ' which may interfere with quiet enjoyment. There is nothing in these articles or laws that specifically address smoking, mentiones smoking, or prohibits it , nor was I told orally or in writing that I couldn't smoke when I purchased my Unit. Can the Association now prohibit me from smoking in my unit, in my Codo. What is your opinion ?
2 Answers from Attorneys
Re: rights of smokers in a condominium
Legally, no. However, in a small complex such as yours, you may wish to consider an alternative to outright contfrontation with your neighbors/fellow condominum owners. There may be ways to compromise on the issue - a win-win situation. Our office has considerable experience in condo association matters, and we would be happy to consult with you further regarding your problem.
Re: rights of smokers in a condominium
I think the outcome of any lawsuit based on your smoking being a violation of the rule you cite would be entirely fact driven rather than based upon any legal principle to the effect that smoking is a nuisance, or the like.
Attitudes about smoking differ, but very few courts would hold that smoking in your own home (whether or not a condominium) is a nuisance. However, if the smoke enters other units, the result would be very different! So, it is ultimately a question of fact......does drifting smoke actually annoy anyone significantly, or is it just the idea that a neighbor is smoking upset them?
I would hope this issue can be resolved by negotiation. In disputes between neighbors, threats and litigation produce few winners, only bad blood.
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