Some residents in our building smoke cigarettes on their balconies. As a result, smoke drifts into our windows. Can the association adopt a rule prohibiting smoking on balconies?

Some association’s documents specifically address smoking, but most older documents do not. In a condominium community, the balcony is typically a limited common element and the association has rule-making authority over such areas. Therefore, the association may have the ability to adopt a rule which restricts smoking on common elements. In a townhome community, however, balconies and patios are typically part of the lot, and the association may or may not have rule-making authority which extends to lots. If the association has authority to adopt a rule, it should make sure that the rule is reasonable and that it is right for the particular community. As always, check with the association’s attorney to make sure you have the authority to adopt a particular rule.

Community Essentials - July 2004