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Subject: Smoking
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Author Messages
SamE2
(New Jersey)

Posts:195


08/02/2019 10:29 AM  
We have two buildings with 12 units in each building condo with a pool and boat docks. Can we prohibit smoking on the condo grounds and inside units? We are in New Jersey.
KerryL1
(California)

Posts:6712


08/02/2019 11:39 AM  
We can and did eliminate smoking in the common areas long ago. Recently, the board made a rule that smoking is not permitted on our exclusive use patios, balconies & decks. When we amend our CC&Rs, we'll add that to the other amendments. We haven't banned smoking in units, but I'm pretty sure we are permitted to.

Check your NJ statutes and maybe court decisions on this topic, Sam.
AugustinD


Posts:2049


08/02/2019 1:41 PM  
Posted By SamE2 on 08/02/2019 10:29 AM
We have two buildings with 12 units in each building condo with a pool and boat docks. Can we prohibit smoking on the condo grounds and inside units? We are in New Jersey.


I am not sure if it is legal to ban smoking inside units, but some New Jersey condos are doing it without any signs of concern about a lawsuit. See for example this October 2018 article: https://nj1015.com/nj-complex-bans-smoking-in-your-own-condo/ . For more discussion, google on
{"new jersey" smoking condominiums}. Nationwide this has become a significant topic for condominiums.
LetA
(Nevada)

Posts:837


08/03/2019 5:59 PM  
I am iffy if you can or can't. We have an age and income qualified apartment house across from the HOA I live in. There is absolutely no smoking anywhere on the apartment grounds, that includes inside the units. My HOA has started fighting them because all their smoking residents and maintenance crew smokes on the sidewalk and they leave their cigarette butts in our landscaping. I've personally contemplated on gathering all the cigarette butts and putting them in a blue grocery plastic bag and putting said bag on the desk of the apartment leasing manager.
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