![]() The neatest method of adopting a smoking restriction in an HOA community is to include the smoking policy in the declaration when the association is initially formed. The important thing is, whatever policy an association decides to implement, it should be adopted in accordance with state law and the declaration’s protocol.Įnacting Smoking Restrictions within an Association. Heritage Hills #1 Condominium Owners Ass'n, Co. It can prohibit smoking in common areas but allow smoking within dwellings, or allow smoking outside in designated areas but not indoors.Īn HOA can choose not to place any restrictions on smoking, or it can ban smoking altogether. With that in mind, an association is generally unhindered from adopting whatever smoking restrictions are desirable to its members. ![]() ![]() Like other contracts, HOA covenants are presumed by courts to be enforceable, except to the extent a provision violates state or federal law, or “unless the restriction is arbitrary, imposes burdens on the use of lands it affects that substantially outweigh the restriction’s benefits to the development’s residents, or violates a fundamental public policy.” Nahrstedt v. When new members purchase a home in a community with an HOA, they are deemed to have accepted all of the association’s covenants because the declaration is recorded with the land records of the county in which the HOA is located and is therefore a matter of public record. ![]() An association’s declaration of covenants is essentially a contract between all of the members. ![]()
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