Eternal issue of smoking

Started by TerriL2 • 6 replies • 123 views

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TerriL2 (California)
Posts: 12

Posted:

Looking for ideas, or policies that have worked with other condos on this issue. We have a policy, but the board is reluctant to fine an owner who denies that he is smoking. The policy states 'no smoking on patios or in the commons area w/ exception of one area in the complex where smoking is permitted'.

Patios were included because in our setting, the smoke drifts to other units, and to owners who are outside in that area. The person in question is now smoking probably in his patio (fenced in so can't 'see' inside it) (but your lungs recognize it right away), and also smoking in the house with a window open, which also allows the smoke to drift to other areas.

The pushback I'm getting is that it's so hard to 'prove' it's smoke, blahblahblah. Very frustrating because several owners went to the trouble to bring this issue to the board and pushed to have this policy put together.

Any feedback on policies that have worked with this troublesome issue?

BillD16 (Texas)
Posts: 940

Posted:

> policies that have worked ...

My first question is: are there any?

Four ideas that are all worthless:

1. Provide a worthwhile incentive for the owner to quit. You know, something that's more attractive than improved health and lifespan. Related: pay owner to undergo a serious treatment program.

2. Some kind of super-filter than sucks up all of the smoke so neighbors aren't disturbed.

3. Employ heavy duty and unethical psychology to establish an extreme negative reaction to cigarette smoke, ala the "Ludovico Technique" employed upon Alex DeLarge in Kubrick's A Clockwork Orange (1971).

4. Pay smoker to leave. Ref Norman Lear's Cold Turkey (1971)

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

DeanJ
Posts: 1,786

Posted:

Maybe photograph the person smoking and collect cigareete butts from his discarded trash.

JamesV3 (New Hampshire)
Posts: 50

Posted:

We are having the same issue in our community, Lately we have renters who move in and they smoke pot. This is in multiple buildings and units.
These are are rules we currently have in place.

Our Monthly meeting is Wednesday 3/11/26 and revisiting and rewriting is on our agenda.

1 GENERAL RULES OF THE CONDOMINIUM
a. Smoking: All smoking is prohibited in all Common Areas, including hallways and storage areas.

Our Balconies are considered Limited Common area in which smoking is allowed,

5. UNIT INTERIORS AND OCCUPANCY
k. Nuisance: Any situation or behavior which creates a nuisance to common areas or other units shall be a
violation punishable according to the fine schedule set forth in these rules. Nuisances include, but are
not limited to, unremediated infestations, criminal behavior, pervading smells, and noise violations as
described in rule 5b

I smoke on my balcony and use a box fan to blow the smoke away from the building.

TerriL2 (California)
Posts: 12

Posted:

Thanks

BryonW (Massachusetts)
Posts: 55

Posted:

For the rental scenario, if you have the cooperation of the unit owner (landlord), then I recommend forensic test kits:
https://emsltestkits.com/nicotine/?kit=Nicotine%20Test%20Kit
or
https://emsltestkits.com/marijuana-smoke/

The landlord would need to go into the unit (with proper notice), take swabs off some hard surfaces (the air return grill on the furnace is a good spot, also light fixtures near the ceiling). Then you send the swab in to the lab, and they provide you with a certified report, from a 3rd party laboratory, that proves the person was smoking.

No more "it wasn't me" denials.

For the scenario where it is a unit owner, you probably don't have a right to enter their unit and take a sample. Your two basic choices are: convince the HOA to take action, or, take direct legal action yourself. Here is a good write-up that explains pros and cons of both these courses:
https://www.changelabsolutions.org/sites/default/files/CLS_CondoOwners_FactSht_FINAL_20120517_0.pdf

JonG3 (Florida)
Posts: 13

Posted:

We had people go in stairwells and also flick butts from their balconies. We initially thought about cameras but it's invasive and expensive. We instead initiated a community proposal for sending notices to people then fining. When some of the smokers saw how much of the community was against it they got the message. The ones that did not, got the fines. And there was no blowback because everyone in the community saw and voted for this.

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