Can Condos Ban Smoking in California?

Question:

After the purchase of a condo with HOA can the HOA start a new restriction preventing the owner from smoking on a private balcony or in the owner’s private resident?

– Mone

 

Answer:

Hi Mone,

Yes, condominium associations in California generally do have the ability to restrict smoking even inside the owners’ units. This restriction, though, must exist within the governing documents of the association (CC&Rs or operating rules). Keep in mind that “smoking” can be classified as a “nuisance” in condo communities.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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