Smoke-Free Associations
Some of the Associations in Century Village have deemed themselves “Smoke Free” buildings, but they may have not taken the necessary steps to enact that rule. For the Common and Limited Common elements of the building, the limited common elements being the patios, the Board may be within their authority to create a rule to restrict smoking in these portions of the building.
But there is the ongoing matter of the residents smoking inside of their individual units. Many Boards often receive complaints of adjoining units disturbing them with their smoking habits from inside. But the state has determined that an Association may not restrict a unit owner from smoking inside their unit unless there is an explicit covenant in the Documents of the Association.
The Governing Documents of the Associations were written when smoking was commonplace and such a restriction was not considered. Should an Association want to restrict its residents from smoking inside of their individual units, an amendment will need to be passed by the unit owners.
An exception would only sit with renters as a unit owner can restrict smoking inside of the unit as part of the agreed upon lease, and the Association may be able to request such a restriction within reason. But without a rule to enforce, the Association does not have the means or obligation to prevent someone from smoking inside the unit.
Keep in mind that the Associations inability to stop someone from smoking does not stop one unit owner from filing a civil suit against another unit owner.
For more information on this subject, consider reading the following articles:
https://www.sewardlawoffice.com/is-secondhand-smoke-a-violation-of-florida-condo-laws/
