Question:
After the purchase of a condo with HOA can the HOA start a new restriction preventing the owner from smoking on a private balcony or in the owner’s private resident?
– Mone
Answer:
Hi Mone,
Yes, condominium associations in California generally do have the ability to restrict smoking even inside the owners’ units. This restriction, though, must exist within the governing documents of the association (CC&Rs or operating rules). Keep in mind that “smoking” can be classified as a “nuisance” in condo communities.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
