Q: Can a resident smoke on his balcony if the smoke is disturbing the resident next door, who also likes to sit on his balcony? Also, a butt fell several floors below on the balcony and burned a hole in resident’s outdoor sofa? — Catherine

A: Smoking can be a heated topic in shared living spaces, especially when it impacts neighbors or causes property damage. Although laws and rules differ by state, city, or building, there are general guidelines that can help address these issues.

When it comes to smoking on a balcony, the situation often depends on the rules set by the building’s management or condominium association. Many multi-unit residences have policies that restrict smoking in common areas or on private balconies if it interferes with other residents’ enjoyment of their space. Smoke drifting from one balcony to another can be considered a nuisance, especially if it disrupts a neighbor’s ability to relax or enjoy their own outdoor area. If this becomes a recurring issue, the affected resident should document the problem and report it to the property manager.

Your community has the authority to enforce the smoking restriction just like any other established regulation. The process starts with sending a formal warning letter to the resident who has violated the rule. If the resident continues to ignore the rule, the community can then impose a fine as a penalty. If this still doesn’t stop the behavior, the next step would be to file a lawsuit asking the court to issue an order to stop the behavior. If the resident ignores this, the consequences can be serious.

The situation becomes more serious when smoking causes property damage. A cigarette butt that falls several floors and burns a hole in someone’s outdoor sofa could be considered negligence. The resident responsible for the cigarette may be held liable for the damage, especially if the building has clear rules against smoking or improper disposal of cigarette waste. If the damage is severe enough, it could even lead to a lawsuit.

Ultimately, resolving smoking-related disputes requires clear communication and adherence to the building’s rules. If you’re unsure about the smoking policies in your building, review your lease agreement, association guidelines, or community rules. When in doubt, documenting incidents and addressing concerns through the proper channels is the best way to ensure a fair resolution.

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