Secondhand Smoke

Second hand smoke is a health hazard, and smoke that emanates from one area of association property to another constitutes a nuisance. Boards can require smokers to abate the nuisance by smoking in designated areas, installing HEPA filters, sealing wall penetrations, closing windows, etc. An association should amend its CC&Rs to prohibit or restrict smoking in common areas, exclusive use areas and even inside units. (Birke v. Oakwood Worldwide et al. (2009) 169 Cal.App.4th 1540.)

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