Q: Our association adopted a rule banning all smoking anywhere on the premises, including inside individual units, except for a small, designated area outside. The rule was passed by a vote at our annual membership meeting and passed. We have owned our home here for 25 years, and no one ever complained about my wife’s smoking. Can this rule be enforced to stop individuals from smoking in their homes? —Bill

A: In most jurisdictions, smoking has been banned indoors in most associations for quite some time. For the last decade or so, the prohibition has been expanded to limited common elements, such as balconies.

More recently, many associations have enacted rules banning smoking inside individual units. Because the trend is so new, it has not been extensively tested in court, so it is still unknown whether it will be upheld or if the associations are going too far.

Because of the well-known health risks involved with smoking, reasonable rules that have been appropriately enacted have been upheld, and it is generally accepted that a community can ban smoking in both common elements and limited common elements. The same would apply to related activities like vaping.

Whether a smoking ban inside residents’ units will be upheld if challenged will depend on several factors. People have the right to live the way they want inside their own homes, but doing so should not disturb or harm their neighbors. Each individual’s relative rights would have to be balanced.

This concept should apply to a smoking ban. If, for example, your unit shares air conditioning with neighboring units, a smoking ban might be reasonable. However, if your HVAC was isolated and you ran air filters, banning smoking in your apartment might not be reasonable.

Your community can enforce the new rule the same way it would any other rule. First, a warning letter should be sent to the offending homeowner. The resident could be fined for continuing to break the rules if the warning letter was not heeded.

If the resident still insists on smoking, your association could go to court and seek an injunction. Not following the court-ordered injunction can lead to even more significant consequences.

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