Condo smoking laws
Started by uptowndude
over 14 years ago
Posts: 70
Member since: Nov 2010
Discussion about
Anyone know if a condo or condo board can legislate that their building is a non-smoking building? Or strictly enforce rules that prohibit smokers from having their cigarette or cigar smoke from infiltrating someone else's apartment?
Yes.
Such as?
Stop smoking. Its bad for everyone
except Phillip Morris
It is bad for everyone, yet there are suckers born every day who still shell out the big bucks for cigarettes.
Ariel West(Condo) banned smoking. Also one of the Lincoln Tower Coop buildings did the same. It's a tough question and balancing act. Many think they should be allowed to do anything in their apartments and others take issue with the smoke seeping through the vents.
If the smoke seeps through vents and ends up in someone else's apartment, then the smoker should be responsible, in my opinion.
In any apartment, tenant should have to disclose of they smoke. The rules should state that if a neighbor smells smoke then the offending tenant must pay a steep fine. If mistakes in the accusation process happen, tough shit since no one deserves to breathe cancer fumes. If someone fails to disclose their smoker status and are caught, even steeper fines are levied. Basically make it so painful to cause second hand fumes that it's just not worth it to smoke anywhere but outdoors.
What if they smoke on a terrace below you and the fumes come directly into your apartment?
LOL, what's next,fines for cooking indian food?
Id rather live in a building with an entire floor of smokers rather than the 3rd floor near a tunnel or bridge.
How about those american spirit smokers, I think their tobacco is organic.
Can you get cancer from inhaling the smells of Indian food?
Rental buildings have prohibited new tenants from smoking in buildings--new developments had also intended to ban smoking, but I don't know how this played out during the recession. Condos, obviously would operate differently, but I can definitely see them enforcing anti-smoking rules aggressively depending on the board composition.
http://www.nytimes.com/2009/11/16/nyregion/16smoke.html
If the smoke from the terrace gets into an apartment, then yes, it should be a fine.
And cooking smells don't give cancer.
Condo boards can pass by-laws (not legislation) to ban smoking in the units or other areas that affect other tenants in their unit - but it's not an easy sell. Some have argued it increases the appeal and therefore value of a building. Others have argued the opposite. I've had some problems (not recent) with smoke infiltrating my unit and the board refused to change the by-laws arguing that it "violates the smokers' rights." I have heard of some successful lawsuits against smokers who refuse to curb their smoking when it affects others' health/comfort.
I think we know second hand smoke is a health hazard. If smoke from one apartment infiltrates another, it should be up to the smoker to find a way to stop that infiltration; not the other way around. If they can't and it persists, the health of the non-smokers is in jeopardy and the smokers should be forced to find somewhere else to kill themselves.