Legal Question in Civil Litigation in Massachusetts
Smoking within a condo unit
A woman is threatening to hire an attorney b/c she claims she ''smells smoke'' in her unit. The condo association is voting to ban smoking in the building. As a smoker, in my privately owned home, isn't this illegal? Don't I have rights as a smoker?
Asked on 6/25/09, 2:14 pm
1 Answer from Attorneys
Gregory Lee
Gregory P. Lee, Attorney at Law
Re: Smoking within a condo unit
I think that you will find that the law of "nuisance" can at least arguably be applied to any of your smoke that seeps into another owner's premises. The current medical literature makes clear that tobacco smoke is "harmful or offensive." A factory in your neighborhood could in theory be shut down for emitting such health-endangering substances.
You should consult an attorney privately and review your options.
Answered on 6/25/09, 3:08 pm
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