Voting to Amend CC&Rs - Smoking

Homeowner associations have the right to amend their CC&Rs to prohibit smoking in the common areas of the association, in patios, and on balconies. Such restrictions do not violate a person's civil rights as the right to smoke is not guaranteed. Some homeowner associations even prohibit smoking inside the private homes because smoke can transfer from one unit to adjoining units. Smoking creates a fire risk, a health hazard, and a nuisance. Such a prohibition is likely to increase the value of homes within your HOA as more and more buyers are seeking smoke free buildings. An attorney can draft a proposed amendment to an association's CC&Rs that would prohibit smoking in defined areas.

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