Where There’s Smoke … There’s Fire?
—Smoked Out in Salem
“That said, smoking could be banned everywhere on the condominium property (including in units) or just on the condominium common and limited common areas (which would include, typically, balconies and porches) or just in certain public areas such as lobbies, stairwells and hallways.
“Whether your governing document is a declaration of covenants (CC&R’S) or a declaration of condominium (Declaration), a change would require majority vote of the owners to change your governing document to ban smoking altogether or to amend an existing nuisance provision to define nuisance as including 'second hand smoke.'
“It might be easier to amend your associations existing rules and regulations to ban smoking or restrict it to within a unit because changing the rules and regulations can typically be done by board action without going to a vote of the entire ownership. A Colorado court has upheld a condominium association's right to adopt such regulations and enforce them over the objection of owners who bought their units before the adoption of the anti-smoking ordinance rule. See Christiansen, et al. vs. Hermitage Hills #1 Condominium Association 458-5750 (Colorado District Court November 7, 2006)
“If for some reason you cannot get your association or its board to vote in an acceptable smoking restriction, you might consider going to your municipality and ask its legislative body to pass an ordinance prohibiting smoking in a multi-unit housing complex.”