Can you smoke on condo balcony?
In fact, balconies and patios are also common property in most condo developments, so technically it’s against condo bylaws to smoke there, regardless that people consider it their private property; it’s not! For those allergic to smoke, sensitive to it, or for those with asthma, this is a serious issue.
Are balconies considered common areas?
The balconies are called “exclusive use common areas.” In states other than California, the common area of a project is often called the common elements. Limited common elements are those areas designated for the private use and enjoyment of the individual unit owners.
Can you smoke on condo balconies?
Can you smoke on your condo balcony?
Are balconies exclusive use?
Exclusive-use common element areas are those portions of the Common Elements of the Condominium Corporation designated for the exclusive use of specified units. These can be such items as balconies, patios, signage areas, lockers and storage areas, or loading docks and parking spots.
How do you deal with neighbors who smoke on the balcony?
They can enjoy their balconies and you can have your window open. If you want to go out on the balcony and a neighbor on either side is smoking, put the fan on the side with the smoker, along the wall, and point it diagonally towards the space outside their balcony (so that you aren’t blowing it directly at them).
Can a non-smoker move out of an apartment over a smoking problem?
Non-smoking laws in public places have swept the nation, but until recently, if the smoke wafting into your house, condominium, or apartment from your neighbor’s cigarette bothered you, all you could do was move out. The situation is changing, however, and non-smokers bothered by their neighbors’ smoking may find that they can now take action.
Can I take action against my Cigarette-Smoking neighbors?
Homeowners and renters can take action against cigarette-smoking neighbors. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.
Can I Sue my Neighbor for smoking on my property?
Sue Your Neighbor Even if the smoker doesn’t live under a no-smoking restriction, you may find a court to be sympathetic if you sue the smoker for creating a private nuisance (interfering with your ability to use and enjoy your property).