Legal Question in Real Estate Law in Massachusetts
smoking within a condo unit that is owned
If a supersensitive woman all of a sudden complains that she can smell smoke in her unit, that smoke travels through the vents up to her unit, and she then proceeds to call for the Trustees to implement a ban on smoking in the building through a vote....is this legal? (i.e. what if the smell of curry made me nauseous...can I have curry banned in all the units too?). Thank you in advance.
2 Answers from Attorneys
Re: smoking within a condo unit that is owned
A condo associated has nearly limitless ability to place restrictions on the use of the premises, as you are finding out.
Re: smoking within a condo unit that is owned
She can ask, but I do not think they can do it legally. They can and should ban smoking in common areas, but I do not think they can ban smoking in your own unit retroactively without all owners agreeing.
It would be legal for a NEW condo association to prohibit smoking in advance of selling units, but it is generally given that what you do in your own home, provided it is not excessive is your own right to do so.
A simpler solution is for someone to check the venting of the units in question and see if there is a way to stop smoke from entering the unit owners unit.
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