Your Guide to Smoking Laws and Condo Associations

smoking laws

Many apartments and hotels have rules that prohibit smoking inside the rooms. This may also be the case with many condo associations as well. This can be a hassle for the people living in these condos. Florida law requires many public or commonly-shared spaces to be smoke-free if others are around. This may also include outdoor areas that are covered by a condo association states a local Florida condo attorney

What About Smoking in Condo Multi-Access Areas? 

Most condo associations do have rules that prohibit any indoor smoking. This could allow residents to smoke outside if the smoking area is not a commonly used area that other condo inhabitants have access to. Speak with a knowledgeable South Florida condominium attorney to review the specific condo rules of your condo association to ensure that everyone in your home is abiding by the regulations. Some common condo community use areas include connecting balconies or decks, common pool areas, grilling stations, laundry rooms, and hallways. 

Can a Condo Association Sue an Inhabitant for Smoking? 

Each different condo association will have different bylaws and contract rules that all members must abide by. These regulations must be written out in the lease or purchase documents so there is no confusion. If a condo association prohibits smoking either indoors or outdoors, the association can sue a condo inhabitant for breaking the agreed upon rules. 

What Happens if a Fire Started Due to Illegal Smoking in a Unit 

There can be legal consequences of smoking illegally inside, and possibly outside, any of the units or grounds. If a fire breaks out, the fire marshal will investigate the cause. If it is found that a resident or their guests were smoking against the rules, those individuals could find themselves being sued for money and compensation for medical bills of anyone that got hurt due to the fire. 

Other inhabitants that had any of their belongings or condo structures damaged by the smoke or flames of that fire may also be eligible to sue for replacement of their personal possessions according to dedicated South Florida condominium attorneys familiar with these types of legal cases. 

What Happens if a Condo Association Head Changes Rules on Smoking 

All condo associations are supposed to be a reflection of what the entire community as a whole want. These matters are usually brought before condo association board members or during a community meeting. 

If someone with the authority to change existing condo association rules without bringing it before the community at large, that person or group could be found in serious legal trouble and sets themselves up for legal action filed by the condo unit inhabitants that don’t agree with the new changes. This is when a Coral Springs HOA attorney can help. 

Some Benefits for Making Your Condo Community a Smoke-Free Living Space 

There used to be few restrictions on smoking even in public places until rather recently. Today, there is more information about he negative impact of smoking on the smoker and anyone else breathing in that smoke. This is called “second hand smoke,” and other neighbors, family members or individuals that become ill with cancer may have grounds to sue whatever establishment, owner or other entity were legally responsible for the allowance of smoking on the premises. 

This same scenario could apply to smoking within condos as well. Anyone concerned about a similar matter should immediately contact a reputable Coral Springs association law attorney for assistance. 


Contact Bakalar & Associates to learn more about Florida condominium association law details. Visit online anytime to view legal service options.