Certain smells have a way of taking you back. Like the smell of school lunch or that cap gun you had when you were 6 years old. For me, the smell of cigarette smoke takes me back to family vacations and hotels with a musty stench of cigarette smoke, and going out for dinner that included a walk through a hazy mist to sit in the “no-smoking” section. Society today has largely rejected smoking. Smokers are banished to streets, alleys, or designated areas like lepers. But are HOA smoking restrictions a good option, and can or should the HOA prohibit homeowners from smoking in his or her own home?
It May Be Easier Than You Think
About 10 years ago I was helping to manage a townhouse community that decided to completely prohibit smoking after having to deal with a steady stream of complaints from neighbors. Like many communities with shared walls this community was anything but airtight and the smoke would often drift in through walls or from neighboring patios.
The decision didn’t happen fast, there was a lot of discussion and debate over the details. As a manager I was anticipating a major backlash from the smokers in the community. To my surprise the response to the change was mostly positive.
HOA Smoking Restrictions Done Right
For this community, prohibiting smoking was the right move and it went off without a hitch. But this success wasn’t a coincidence. The help of a great attorney and the local health department — who helped us understand an navigate state and federal laws — was instrumental in creating a policy and educating the community.
The point is, HOA smoking restrictions can be scary, but if secondhand smoke is causing a nuisance and health risk to other community members it may be necessary for the association to take action. With the right guidance you can navigate the process and your community will be better for it.
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Help
Utah State Code makes it super easy to do this. Most HOA’s have a nuisance provision that allows the HOA to prevent and abate any nuisance. Under UCA 78a-6-1101(3) the state says that, “A nuisance under this part includes tobacco smoke that drifts into any residential unit a person rents, leases, or owns, from another residential or commercial unit…”
If the HOA has complaints regarding smoking they need to incorporate via the rules and regulations a smoking prohibition and then have a proper fine schedule that is tied to it. I have found these to be very effective.
Thanks Peter, Do you know if it is more difficult to pull this off in other states?
Interesting. I would think that it would be harder.
It may be harder in some areas based on laws and even public opinion. It’s essential to work with local resources like health departments for support.
Smokers have rights as well and with in their own home for sure.
Hi Ernie You are definitely right, smokers do have rights within their own home. However those rights don’t negate the rights of another owner to have clean smoke-free air in their home. With secondhand smoke, the actions of a smoker can be a nuisance and a health concern. An association has no reason to ban smoking unless it is affecting the neighbors. It’s really no different than a noise ordinance or policy. Most people would agree that your rights within your condo or townhouse don’t include Blasting loud music at 2:00 am.
smokers do have rights a in their own home
People who smoke have the same rights as any other consumer group. But where people smoke can be regulated, especially because it has been proven that exposure to tobacco smoke can cause serious illness and even death. In California, city councils and county boards of supervisors have been examining the problem of drifting tobacco smoke in apartments and condominiums and approximately 40 have passed laws which restrict smoking. The most recent laws ban smoking in units, common areas inside and outside and also balconies/patios.