Smoking Ban in Condos

| May 8, 2009 More

With all of the smoking bans popping up across the United States, Florida just recently had an interesting situation that could lead to banning smoking in privately owned condominiums.

Florida’s Clean Air Act initially contained a provision that banned smoking on common elements of a condominium. But this provision didn’t stay in effect for long and the anti-smoking restriction was removed. It’s unclear exactly why this was removed from the law but the initial step in that direction may be a harbinger of things to come.

In addition, there have been some situations in Florida where secondhand smoke which seeps into another condo unit has been considered a nuisance. The courts have stood by the neighbors and declared the secondhand smoke a nuisance and banned the smoking condo owners from smoking in their own homes.

It’s easy to see where this is headed and how quickly smoking could be banned across the United States. So if you’re a smoker and wish to continue to be a smoker you may want to dig deeper into local laws and regulations before you move into a housing unit that shares common walls and heating and air conditioning vents with other units. Public sentiment is definitely not on your side.

Category: Real Estate Law

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