Smoking Is The Hot Button Issue In Ct Condos And Condos Throughout North America
From Connecticut to California and from Tampa to Toronto, condo board of directors are trying to determine how to deal with pressure from non-smokers who are demanding NO SMOKING zones throughout their projects – including in owners’ units.
The battles are raging over smoking in outdoor areas like swimming pools at a Cheshire complex, recreational areas, hallways, and laundry rooms in Hartford projects, as well as whether people should be allowed to smoke in their own units.
The latest story out of the Tampa Florida area is from Clearwater where an owner in a 55-and-older community is questioning the impact of a proposal to forbid all smoking within the community.
The owner was worried whether he could rent his unit to a smoker or would he be grandfathered in. It might take a Florida judge to answer that question.
In California’s Santa Monica, smoking is already banned at beaches, parks, restaurants and near buildings.
Earlier this month the “city council sought to expand that prohibition and voted 4-2 to ban smoking for all new tenants of apartments and condos inside their residences – with one exception,” wrote NBC Los Angeles.
“It also requires existing residents to designate their units as smoking or non smoking and from then on it will be prohibited to smoke in a non smoking unit,” said Adam Radinksy, head of the Consumer Protection Unit in Santa Monica.
“The coastal city’s smoking bans date back almost two decades and Radinsky – along with other supporters of the ban – say the measures are in the interest of public health.”
Meanwhile, how do you feel about the issue and has it come up in your community. Please let us know.
I have unsuccessfully been trying to retain an attorney to stop my next door neighbors from smoking since it permeates the halls and walls in my unit but no-one wants to be the “test case” in Connecticut! Meanwhile, my unit stinks and I can’t seem to do anything about it.
You first have to discuss issue with board
Please let us know the reaction
I have a similar issue. My neighbor and his family are chain smokers. we share a driveway and 2 decks. I cannot enjoy sitting outside my units or for that matter, even opening my windows to get fresh air! I am instantly hit with the smell of cigarettes, beer or weed! I spoke to the BOD but there’s nothing in our current Rules & Reg’s which prohibit smoking or alcohol consumption on a unit owners common limited property.
My neighbors cook fish outside and it stinks like an old fishing boat in 100 degree for days on end Then the neighbor on the other side uses perfume or after shave that cuts my wind off and smells like a very potent inspect repellant, then the neighbor across the street keeps her bathroom window open and with the if the wind is blowing towards my place and she takes a dump whow does it smell up my unit and entry way. My neighbor below me has a nice Harley but she had the exhaust system modified so its loud when she first starts it up at 8 am every Fri, Sat & Sun to go to work. would not be so bad but it takes the Hog 5 minutes to warm up. I cant say much shes a city cop ! I guess I should of thought of all these things before I purchaced my Condo. What a dumb Blank I am !
CT General Statutes Sub47-244 and 47-261b allows an association to adopt rules. They can regulate any “behavior in or occupancy of a unit which adversely effects the use and enjoyment of other units”
Therefore, the association board CAN enact a rule to ban smoking in a unit if it falls within the statutes.
See also: http://www.ct.gov/dph/cwp/view.asp?a=3137&Q=486714&PM=1
I’m not a smoker and I can appreciate the situation for the non-smokers, but I am very against telling people what they can do in their own homes. If this rule was not in effect when people purchased their condos then it shouldn’t go into effect now. That’s my 2 cents!
The people in the unit downstairs are smokers. Today is a Saturday. Not only are they outside smoking, but they slam the door going outside to the balcony, and slam it when going back inside. The door downstairs has been slammed at least 18 times today. It’s loud, and it shakes everything in my upstairs unit.
I’m allergic to cigarette smoke. Luckily, I haven’t had to deal with this issue for many years, as the people who have lived downstairs have been non-smokers. These people are new.
We all have rights. But, their rights end where mine begin. When their rights start infringing on my rights, a line must be drawn. When people can figure out how to smoke outside and not simultaneously infringe on my rights, they’re welcome to do it.
They are also parking illegally outside of their unit, for extended periods of time. Thus, moore door slamming. It’s beyond annoying.
I’m in Connecticut. My board has already made the decision not to act on this issue. Any suggestions?
I own and live in a condo on the third and top floor of a building. My neighbor on the first floor and her “daughter” (who also has a preschool age child) are habitual chain smokers. The older women is slowly smoking herself to death and has been taken away by an ambulance several times due to respiratory problems associated with smoking. In addition there is a sign on the door of her unit warning that oxygen is in use and that smoking is prohibited. I have visions of an oxygen bottle igniting and shooting through my bedroom like a ballistic missile taking half the building with it. Smoke inside the unit is permeating the walls and inundating my unit with secondhand smoke. My unit, and everything in it including my furniture and cloths, smells like a stale ashtray. I am sure this diminishes the resale value my condo. In addition, the women and “daughter” continually smoke outside at all hours of the day and night on a cement deck that adjoins their unit forcing me to keep all my windows shut and depriving my access to fresh air. In addition, they have attracted people of similar character and temperament that congregate under my unit and share their habit of constantly smoking as well as perpetual loud chatter that could wake the dead and sounds like a carnival crowd on steroids “but that is another story”. I feel that this is effecting my health and wellbeing and I constantly feel a tightness in my chest and have developed a chronic sore throat not to mention depression. I have written numerous letters to the management company and condo board to no avail. They have sent am in effective letter to the smokers asking them to use air purifiers, but these have naturally been ignored. I understand a persons right to abuse substances that negatively effect their own health, but I do not understand their right to abuse the health and wellbeing of others. They can kill themselves if they want to, but what gives them the right to take the rest of us with them. Any help and suggestions is greatly appreciated.