Back to Real Estate

HOA bans smoking on condo balconies

Little FishBeach Lover
27,158 views
Our condominium HOA passed a new regulation that prohibits smoking in all common and limited common areas. The rule specifically prohibits smoking on unit balconies.

I don't have a problem with the HOA making the building a smoke-free environment, but I do take issue with the HOA telling me that I can't smoke on my own balcony.

Q) Anyone out there have any idea of whether or not this type of rule is enforceable in Florida?

Q) Further, would owners who purchased units prior to the rule be grandfathered from such a rule?

Thoughts?

Little Fish

Replies

32
LuciferSam avatar
LuciferSamBanned
#27
I think after having sex on the balcony a person should be able to light one up.
Little FishBeach LoverAuthor
#28
It all comes down to who owns the balcony. If the balconies are limited common areas, condo owners have to abide by the rules the association sets, as long as the hoa is within it's mandate. If on the other hand the owners own the balconies, it's a different situation.

We should be applying the same common sense approach to a lot of things, like weed, meth, coke, gambling, sex, etc.. If it's an individual decision, occurs on private property, and doesn't unwillingly effect someone else, it shouldn't be restricted by governing bodies.

I've had an opportunity to speak to an attorney regarding this issue and will update all when the issue is resolved.

Stay tuned.

Little Fish
Lady D avatar
Lady DSoWal Insider
#29
I think after having sex on the balcony a person should be able to light one up.

:lol:
Michelle123Beach Comber
#30
I know this thread is really old, but was this ever resolved? The same thing is happening to my parents at their condo right now. My dad is 76 and smokes his pipe out on his balcony twice a day, and has for the 28 years they've lived there. They live on the top floor, so no smoke bothering people above them, and have made sure the neighbors on each side don't mind (the top floor is only for long-term residents). Now the HOA is saying that as of January, no more smoking on the balcony. Does anybody know if he has any recourse, or have any suggestions? This is one of his big pleasures in life, and involves the trifecta of the pipe, the gulf, and his private balcony (and sometimes a glass of wine 🙂) Thanks for any help or ideas.
30A Skunkape avatar
30A SkunkapeSkunky
#31
I know this thread is really old, but was this ever resolved? The same thing is happening to my parents at their condo right now. My dad is 76 and smokes his pipe out on his balcony twice a day, and has for the 28 years they've lived there. They live on the top floor, so no smoke bothering people above them, and have made sure the neighbors on each side don't mind (the top floor is only for long-term residents). Now the HOA is saying that as of January, no more smoking on the balcony. Does anybody know if he has any recourse, or have any suggestions? This is one of his big pleasures in life, and involves the trifecta of the pipe, the gulf, and his private balcony (and sometimes a glass of wine 🙂) Thanks for any help or ideas.

If it as subtle as you say it is, he should have no problem continuing his habit.
Michelle123Beach Comber
#32
If it as subtle as you say it is, he should have no problem continuing his habit.
Thanks for replying. That was my hope, just didn't know if there was a way he could do it 'legally'.
blindrid avatar
blindridBeach Lover
#33
As a ex-smoker that still enjoys the smell of a cigarette and cigar, the rudeness of people like Koa still amazes me. It’s his condo and a few moments that is used to smoke is minimal. People, in general, need to lighten up. What happens when reefer becomes legal?

Checking your forum account

Please wait while we verify your forum account.