Cigarette Smoke is No Joke in Condominium Association Management

The United States has done a remarkable job in lowering the number of people who smoke cigarettes. In 1965, nearly half of all Americans smoked cigarettes. Today, the number is closer to 10 percent.

The statistics are not all good, however. While there has been success with cigarettes, the use of vapes and e-cigarettes has nearly tripled over the past five years.

In addition, with the legalization of marijuana, including for medical use, smoking marijuana has significantly increased. Approximately, one in 20 residents in Florida has been approved to use medical marijuana

While there are strong laws about smoking and vaping in public places, how it is regulated in other places is pushing forward. Just a couple of years ago, Florida legislators permitted local governments to ban smoking on the beach and public parks.

Now, there is a growing movement to regulate and prohibit any type of smoking in condominium units, even on the balcony.

With little guidance on the subject in Florida statutes, condominium associations should still be able to limit or prohibit the amount of smoking or vaping in units for two main reasons:

1. The damage to the commonly owned portions of the condominium building and,
2. The potential medical issues posed by second-hand smoke, particularly those with asthma and other respiratory diseases.

Regardless, any rule created that prohibits any type of smoking or vaping may be challenged by residents, so it is essential that if this issue is facing your condominium, it is important to work with an attorney to help craft the language.

The attorneys at The Orlando Law Group specialize in helping Condominium Owner Associations in Orlando, Sanford, Winter Garden and Kissimmee with all of an organization’s essential legal needs.

What about individual property rights?

When someone purchases real estate, like a home or condo, the popular belief is the property is theirs and they are free to do what they want.

While that can be mostly true, there are many instances where actions inside a private home or on private property can impact neighbors or the community as a whole. In nearly all cases, the community’s association or law enforcement can step in.

Think about this. If you have a massive party with hundreds of people and speakers pounding dance music at 3 a.m., the police will show up and force you to turn the music off because of how it affects your neighbors.

Of course, if you try to paint your house bright pink and purple, the homeowners’ association can force you to repaint in a style that does not affect your neighbors’ property values.

Same thing with a condominium.

While you own it, you cannot operate a woodworking hobby with saws in the condo at 5 a.m. or hold your rock band’s practice at midnight.

Such is the case with smoking and vaping. While you own the space, an owner cannot control where the smoke travels. It will reach common areas and neighbors, affecting the value of other people’s condo units and can create some medical issues that may be life-threatening.

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