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Subject: Nonsmoking Rule
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Author Messages
TerryS4
(California)

Posts:3


10/11/2019 9:45 AM  
Is it enforceable in a garage which is part of the fee title estate of the condo unit?
KerryL1
(California)

Posts:6920


10/11/2019 11:11 AM  
What is the wording of the rule?

Our high rise condo HOA has a rule against smoking on our balconies, patios & decks, which are exclusive use common areas.
TerryS4
(California)

Posts:3


10/11/2019 11:35 AM  
It says "Residents and guests are permitted to smoke inside their units provided all doors and windows are closed. Smoking is prohibited in all common areas, exclusive use common areas, exclusive common areas shall include patios, garages, streets, etc. clubhouse and jacuzzi. Violators will be subject to a fine." This is verbatim as adopted by the Board.
KerryL1
(California)

Posts:6920


10/11/2019 1:52 PM  
Ours doesn't even have the "closed" doors & windows aspect. that's tough! The Board could even ban smoking in the separate interest units, which has been done in some CA condos.

Our HOA attorney suggested we put the rule in our CC&Rs when we amend them just to make sure we can enforce the rule, but there's been no outcry against it since it was approved several months ago.

Assuming your garages are exclusive use common areas, I'd say the ban is legit. Look at the definitions of garages in your CC&Rs to find out.

As with your other question, visit the davis-stirling.com site for those attorneys' opinions.
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