Condo Renter Smoking Out Other Unit Owners

mc_horrified

B.D. from outside of Connecticut writes:

Dear Mister Condo,

We are a small association, 4 units. Our current bylaws do not prohibit smoking on our common property–deck, parking areas, etc. One of the owners has rented his unit to a smoker, and did not put a no smoking clause in the lease. If our board now votes 3-1 to add a “no smoking on the common property” clause to our bylaws, will the owner be forced to have the renter comply with this?

Mister Condo replies:

B.D., unless you have state or local laws to the contrary, it is very likely that the renter will have to comply with the “no smoking” rule of the association. If the renter does not follow these rules, the unit owner (not the renter) is the one who gets fined for the rule violation. This may create tension between the renter, the unit owner, and the association, but that is truly not the concern of the Board. Smoking is generally considered “nuisance” in condominiums and can be prohibited by the association. Even if the current landlord did not ban smoking in the rental agreement, the agreement likely obligates the renter to follow the rules of the association. This is just one more rule to be followed. All the best!

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