Smoking on Balconies - A Dilemma for Condo Owners

Why not compromise and offer separate smoking and non-smoking buildings?  (just kidding, because I know the next fight would be, "who will move? the smokers or the non-smokers?").  I'd love to hear the final outcome on this one.  Interesting post ...

Personally  I hate the smell of smoke...but on the other hand if you ban the smoke on balconies you probably have to ban them from smoking inside too... because the smoke inside from a heavy smoker will go thru the walls and ducts and hang in the building hallways and everything else... this way you are making the health hazards worse for everybody in the building.

For those who bought the condos before you change the law shouldn't they be grandfathered in and have the new owners be all non smokers and eventually you will either have all non smokers or empty units...supply and demand...let the market dictate.

I hate smoking and I used to smoke long ago...it is a horrible habit and the smell is worse since the government made them change the cigarettes to quit burning if not being puffed on..They stink more than ever...but I also hate rules and regulations on people living in their own homes.

In ALaska we have the right to privacy and our home is our castle... that is another reason I live here!

Good Luck with the open forum! and very good post to get us all thinking

Stewart, I think people should be able to do whatever they like inside their home as long as it is legal and not intrusive to a neighbor.  If the ventillation system allows for smoke to travel then, perhaps, they might need to control smoking in the unit.  Aren't there fan ashtrays that suck in the smoke so it doesn't go all around?  It would seem a smoker would want to minimize the controversy as they engage their habit.  It is amazing how often people smoke outside their homes now, and how it smells as one approaches the front door, garage, or wherever they are inclined to spend their smoking time.  I never thought I'd see smoking banned from casinos here in Nevada, but many are going that way.  The times they are a changin.  Good luck with your HOA meeting - it will be interesting to see how things go.

Stewart,

In my building the balconies/patios are limited common elements so are the parking spaces, they are not common areas. I call the balconies smoking rooms that is what people use them for, In Colorado the bars have no smoking but the patios are full even in the winter with portable heaters for the smokers. Actually I feel they should have a nice seating area at Hotels and Restaurants for smokers, I just noticed that they do at the JW Marriott in Cherry Creek.

I was just on a road trip and in the Rest Stops in IOWA Smoking was only allowed in you Car not Outside. (Iowa seems to be a head of the country in a lot of ways)

Very interesting issue.  There is plenty of case law out there that supports smoking bans both inside and outside.  But be careful, you may lose your buyer to a "smoking" building down the street. 

Stewart....have not looked for the updated blog, but I will post a comment here.

When we condo dwellers sign on, we hardly every REALLY read the condo docs for which we can be held accountable to for many, many things we never dreamed that someone could "rule" on.

While the balconies ARE a limited common element, I think it's going a bit far to say you can't smoke on your balcony. That said, a chain-type smoker who's smoke bothers someone else, well perhaps there is some neighborly thing that can be done to resolve the issue. Oh, wait...we are talking condo living...neighborly...same sentence...hmmmm....

Our issue lies not with the smoke, but the butts....and butts and butts....we have units on lower floors tha that have huge terraces that are littered with butts from the balconies above....people smoke and rather than use an ash tray (which is one really foul smelling thing) they pitch them over the balcony.

2 years ago we had two fires started in the tress on the building from this very thing! Can we say STUPID!

I don't like cig smoke at all, but I'd hate to be so limited as to not be able to smoke on my balcony as well.

The laws are just as strict, if not more so, in Hawaii.  There's hardly a place that people can smoke in public.  Since I'm a non-smoker, of course, that's great.  However, my partner smokes and since smoking is not allowed in our home, it can be tough.  Perhaps it's time to quit smoking !!  ; )

Great topic.  This is a common complaint among unit owners of the condos we manage ... I have one who complains about her neighbors who smoke outside her unit - and her husband is a smoker.  She mekes him smoke outside and do the very same thing to their neighbors.  Some people just shouldn't live in condos. 

Stewart, Haven't seen the update on the meeting so I'll leave an additional thought that I saw in the news today. With the rise of obesity in America, several states & Congress are planning to place a surcharge tax up to 4% on all foods that use at least 1 oz of surgar in the preparation of food products, not limited to bread, milk, microwave dishes, yogurt, jello, bacon, & other prepackaged foods and they are also looking at controlling alcoholism by charging a surcharge on all products that contain 1% alcohol/volume (most liquid medicines/cough syrups contain this). They had such great results in lowering the number of tobacco products sold that it should work on other health issues that are the result of personal habits & environmental/social issues. I figure that this would come about & since decrease of cigarette sales through taxation worked; the government is looking at other ways to ensure we all have a healthy lifestyle.

Wow, What a great discussion.  What about workers who are doing renovations?  Many of them smoke and in Florida the work has to be done in summer when owners are not here. And friends who come for dinner and are smokers.  I am a former smoker (like a lot of us) and are told they cannot smoke.  I am all for cutting back but I just don't think I want some of the condo associations to run wild!

Hi Stewart,

At the risk of perhaps oversimplifying this issue, surely if someone's cigarette smoke is bothering other people then it shouldn't be allowed!

California has certainly lead the way in banning smoking and I'm sure will be the first state to ban it completely.  That can only be a good thing!

Steve

This is very much a problem that we also have here along the NC coast.

Smoking is invasive. Anyone remember the "cone of Silence"? I recommend the "Cone of Smokers". People should be free to smoke, but not to pollute the air that others breathe. The pendulum is swinging, but not fast enough for the non-smokers.

Stewart, In San Luis Obispo it is illegal to smoke in ALL public areas and condos and appartments are fair game if the smoke affects other people. I actually have a blog on the subject here http://activerain.com/blogsview/1661053/california-city-makes-it-easier-to-kick-tobacco-use

I am in favor of people being free to do what they choose, but smoke travels and is a known harmful element. I say off the decks and patios.

Remember the "cone of silence" from Get Smart? These should be used for smokers who insist on permeating the air of others.

WE have not gotten to this point in NC yet.  But I feel it is coming.

This is a passionate and timely topic;  Our condo building in Toronto Canada has astroturf on the (above grade terrace on the 5th floor BBQ area) Podium section between two towers.

The cigarette butts burning the astroturf are a) fire hazzard b ) will need to be replaced causing additional expense for owners.

How can we regulate this?   They do have the right to smoke in their suites, and some are tenants where the Condo has no method of enforcement.

David Pylyp

Toronto

This is a complex topic because it is infringing on the unit owner's right of "quiet enjoyment" on both sides, the smoker's and the nonsmoker's.  One can argue that by buying into a condominium project, the unit owner has to understand and accept that neighbors are in close proximity and if they don't like that, they shouldn't buy a unit.

Wow, what an excellent discussion. Reading comments, it is fascinating to see that quite a few agents do not really understand the condo concept. I am glad Bill Zimmerman joined the discussion, as his comments are very helpful here.

I think all it depends on situation. Personally I often smoke hookah with my husband, we do this inside the apartment and in the backyard. Maybe you should choose some small model for example from Icon Hookah to provide less smell and smoke.