Q&A: Voting on a Smoking Ban?

Q&A: Voting on a Smoking Ban?

Q. Someone made a motion at an association meeting to ban smoking on all of the condo property—the outdoor deck, the garage, the surrounding area until you get to the public sidewalks. Although many people left the meeting which was an otherwise a very contentious and long meeting, there was still a quorum. By a majority, but not a vote that would change the bylaws or master deed, the motion was carried. Is that all it takes to ban a condo owner from smoking outside?

                             —Perplexed Owner

A. “The association consists of three parts,” says attorney Elysa D. Bergenfeld of Ansell Grimm & Aaron P.C., which has offices in New Jersey, Pennsylvania and New York, “the common elements, the limited common elements and the unit. Depending upon the association’s master deed and bylaws, the association may be able to prohibit and/or regulate smoking in the common elements and the limited common elements via a vote of the board. An association may be able to legally regulate and/or prohibit smoking inside the units. However, such may not be practically possible.  

Related Articles

Co-op/Condo/HOA  Instructions Included

Co-op/Condo/HOA Instructions Included

The Importance of Governing-Document Literacy

Check mark icons. Green tick and red cross. Round checkmarks icons. True and false, correct, right and wrong, done, complete concepts. Flat design and thin line design. Vector icons set

The Extent—and Limits—of Board Powers

Can They Do That?

image of dog dark background

Q&A: To Fee or Not to Fee?

Q&A: To Fee or Not to Fee?

Business people studying list of rules, reading guidance, making checklist. Vector illustration for company order, restrictions, law, regulations concept

Amending Documents

Bylaws, House Rules & More

Public law consulting and legal advice concept.Vector illustration.

Q&A: Ranking Rules

Q&A: Ranking Rules

Row of the new townhouses in Richmond, British Columbia.

Aesthetic Standards

How to Enforce These Important Rules



  • Annette DiBartolomeo on Friday, March 3, 2017 11:10 AM
    RE: First floor condo built on pads As a condo board member for 15 yrs, we recently had an issue with an owner's [deceased] family who pulled up the carpeting & found termites [which we are addressing] and cracks in the concrete pad [no crawl space]. My concern is that this cracks are part of the foundation & should be inspected for possible deterioration & possible mold source. Some of the board members say that this is owner's responsibility and not the board or management b/c it is on "the inside" of the unit. I don't understand how this can be an owners responsibility when owners NEVER saw the concrete pad when they moved in b/c it was covered w/carpeting or wood floors, nor would they see it unless carpeting was replaced.. This happens to be in my unit [I'm on the second floor] and two previous, [but different units] 1st fl neighbors, in the same building, had a mold problems [all the 1st fl units are damp]. As a Board member, how do we resolve this issue of inspection & responsibility?