A homeowner association board has broad discretion and authority to make or change rules.
Q: Our condo already prohibits any smoking in common areas or on balconies. Now it’s considering demanding that smokers seal/close their air return vents — where smoke can easily pass from one unit to another. Also it may demand that smokers put in an air guard at the bottom of their doors to hold the smoke in the unit. Can they do this?
A: If your question is whether the association can pass a rule requiring unit owners to install filters and other items to control the passage of smoke from one unit to another, as well as seal vents, the answer, generally, is yes.A homeowner association board can pass rules regarding the installation of tubs, showers, washing machines and other water fixtures that would require an owner to install additional protections to keep water from dripping onto a neighbor below.
The board has broad discretion and authority to make or change rules. This power is given to it by the association documents and by the owners of the association. The owners vote in the members of the board specifically to handle the affairs of the association. Given this discretion and authority, the board can pass a number of rules governing the association that can make life better or more difficult for residents.
In order to cope with the smell, fuss and bother caused by smoke, some buildings have simply gone non-smoking. They prohibit any smoking in the building, including in the owner’s unit. However, these same buildings sometimes allow existing owners to continue smoking in their units until they sell to a new owner. Until that happens, the association may require unit owners who smoke to take significant steps to keep any smoke from entering the common areas or other units in the building.
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