Part 2: Can an Association Prohibit Smoking in Its Condominium?

As mentioned in Part 1, published in last month’s community update, an association can prohibit smoking in the common elements/common areas by adopting a Rule. An association may also want to prevent smoking on balconies and patios. If the balconies and patios are limited common elements, then just like the common elements, the association can adopt a Rule prohibiting smoking in those areas. However, an association must carefully review its Declaration of Condominium and the boundaries of a unit because sometimes the balconies or patios are part of the unit.