The state was the first to ban smoking on trains, planes, buses, public buildings, workplaces, restaurants and bars. Last year, California prohibited smoking in a car when a child is present and now California is reconsidering banning smoking on state beaches and in state parks.
With that thought, I move on to the subject of this post .....
The condo building I live in features large balconies off most of the units. The CC&R's (Covenants, Conditions and Restrictions) allow for barbecues provided certain safety requirements are met. However the CC&R's and R&R's (Rules & Regulations) specifically state that "Smoking is not permitted in any common area. This includes elevators, hallways, lobbies, garages, driveways and recreational areas. Smoking is however permitted on balconies and patios, with due consideration being given by the smoker to his/her neighbors".
Certain residents who are big smokers spend long periods of time of their balconies and the smoke drifts into their neighbors' units causing irritation and unwelcome smells. Despite requests for consideration of their neighbors these residents continue to smoke unabated.
The Board is now proposing a complete ban on smoking in all common areas including balconies and patios since these are Common Areas as defined by the CC&R's.
I know the next Board Meeting will have a very vocal "Owners Forum" during which time this topic will be discussed. I understand that owners are entitled to enjoy the privacy of their homes, but at what point is it reasonable to dictate what they can and cannot do in their own condos?
I am not a smoker and don't enjoy second-hand smoke either .... but I'm trying to rationalize this in my mind.