Restrictions on Smoking Upheld
On November 7, 2006, a Jefferson County District Court judge in Colorado upheld a homeowners association order barring a couple from smoking in their townhouse. The case was initiated as a result of the condo association amending its bylaws to prohibit smoking. The co-owners argued that it was unreasonable for the association to ban smoking in their home, on their patio, or anywhere on the condominium grounds.
The condo association responded to complaints from other co-owners who said that cigarette smoke was seeping into their units, creating a smoke smell that was quite strong at times. They argued that, as with loud music, the rights of the community trump the rights of an individual resident.
Jefferson County District Court Judge Lily Oeffler agreed with the condominium association when she ruled that the association could ban smoking inside co-owner’s home units because “smoke and/or smoke smell” is not contained to one area and the smell “constitutes a nuisance.” This may be the first of many cases involving this issue; therefore, it would behoove all co-owners to be aware of their condominium and/or homeowner association documents as well as the bylaw amendments that are being passed in their associations.
Reference:
Lawyers USA. (2006). Couple forbidden from smoking in their home. December 4, 2006.