Start here for location-specific questions, everyday smoke complaints, and coordination with the responsible association or facility operator.
Start with the location
This page does not establish a village-wide smoking ban. Check the current policy of the association or entity controlling the particular area.
| Location | Where to check |
|---|---|
| Inside a condominium unit | Recorded declaration, amendments, applicable nuisance provisions, and legal advice on their scope. |
| Catwalk, stairway, balcony, patio, or building entrance | Property classification and the association’s governing documents and valid rules. Do not assume all these spaces have the same legal status. |
| Clubhouse, Hastings, or recreation pool | Current WPRF rules, signs, and staff instructions. Contact WPRF at 561-640-3120. |
| Roads, buses, or other shared village areas | The entity responsible for that service or property. Ask UCO to help identify the appropriate contact. |
Florida law is one part of the picture
Florida Statutes §386.204 prohibits smoking and vaping in enclosed indoor workplaces, subject to statutory exceptions. Section 386.2045 includes an exception for private residences not used commercially for specified care services. That exception does not itself settle condominium covenant or nuisance disputes.
A proposed restriction within private units deserves particular legal review. Ask counsel whether a declaration amendment and owner approval are needed; a board notice alone should not be assumed sufficient.
Read the actual wording. Check whether a policy addresses tobacco, vaping,
other smoke-producing products, indoor units, common areas, guests, or designated locations. Do not assume one
term automatically covers every product or area.
Why smoke complaints deserve attention
CDC states that there is no safe level of secondhand tobacco-smoke exposure. Smoke exposure is associated with serious health effects, and smoke can enter a neighbor’s living space.
Boards should treat reports as a concern to investigate, while giving the affected parties a fair opportunity to provide information. Personal preferences, verified conduct, building conditions, and enforceable provisions are separate parts of the review.
A practical process for smoke complaints
- Make a factual written report. Give dates, times, duration, and where smoke was noticed. Describe effects on use of the home without guessing about the source.
- Keep a reasonable incident log. Preserve relevant communications and observations. Avoid intrusive surveillance or public accusations.
- Identify the applicable provisions. The board or manager should review the documents, rules, and property boundaries before alleging a violation.
- Investigate possible pathways. When appropriate, have a qualified professional evaluate gaps, penetrations, or other building conditions. Obtain authorization before altering common elements.
- Communicate with the parties. Request cooperation, explain the concern, and give an opportunity to respond. Address substantiated conduct using the correct process.
- Follow up. Record what was found, what action was taken, and whether the issue continues. Seek counsel where facts, authority, or remedies remain disputed.
These are recommended handling steps, not a finding that an odor automatically proves a legal nuisance or rule violation.
Considering a smoke-free association?
The May 2021 UCO Reporter carried an article by a Florida Department of Health educator describing smoke-free condominium policies and cessation resources. It is background education, not proof that an individual association adopted a ban.
Prepare the proposal
- Identify the problem and proposed coverage.
- Have counsel confirm authority and the approval process.
- Define covered products and areas precisely.
- Consider practical implementation and evidence.
- Ask counsel whether any transition or grandfather provision is appropriate or required.
Communicate and implement
- Invite owner feedback before finalizing the proposal.
- Explain how complaints will be reviewed.
- Distribute the adopted text and effective date.
- Provide clear signs where appropriate.
- Include the policy in owner, tenant, and guest information.
- Offer links to voluntary quit support.
Rental grandfather protection is a different issue. Do not use the
rental-amendment exception as an automatic answer to whether a smoking restriction applies to an existing owner.
Obtain advice specific to the proposed policy.
Enforce valid provisions fairly
Use consistent investigation and documentation. Avoid treating a complaint as proof, or imposing a penalty before the required process.
Under §718.303(3), condominium fines generally cannot exceed $100 per violation or $1,000 in the aggregate and cannot become a lien. A proposed fine requires at least 14 days’ written notice and an opportunity for a hearing before an eligible committee of at least three members. Committee approval is required.
Consult counsel on injunctions, nuisance claims, or disability-related requests, including requests involving medical cannabis. Do not assume that a medical claim automatically permits smoking everywhere or that every request can be rejected without review.
Read §718.303Association legal adviceSupport residents who want to quit
Tobacco Free Florida offers free phone, group, and online quit support. Visit its current program page for available services and eligibility, including any medically appropriate nicotine-replacement options.
Tobacco Free Florida quit supportCall 1-877-822-6669Keep the conversation respectful. Focus on exposure, conduct, and applicable policies rather than criticizing residents.
Related resources
Policies & proceduresAmending documentsHandling noise complaintsHastings Fitness CenterSources & further reading
- Florida Statutes §386.204 and §386.2045 — indoor-workplace prohibition and exceptions.
- Florida Statutes §718.303 — association enforcement.
- CDC secondhand-smoke information.
- UCO Forms & Resources — recreation responsibility and contacts.
- UCO Reporter, May 2021, page 26 — historical smoke-free condominium article.
- Tobacco Free Florida — current quit resources.
Reviewed October 3, 2026. Educational information, not an adopted smoking policy or a legal determination about a particular complaint. Confirm current association and facility rules.