Sunday, October 25, 2015

Links Regarding Smoking Rules

After the meeting yesterday someone asked me to post some links I had come up with regarding smoking rules. My intent was to inform, not convince, so I'm leaving off my remarks from that post for the most part. I just kept a short note on why it occurred to me to look into the matter. I did two Google searches one consisting of (if my memory serves) "smoking bans in condominiums" and a second one in which I added the word "Maryland" to get more local information. The gist of all this is that while local, state and federal laws may seem fairly specific on these things, there is enough wiggle room for judges to have decided every which way:
The seminar on this sort of thing that I went to contained some
surprises. The main one was that case law on condo issues is almost
totally random. Notable problem cases concerned clotheslines and
satellite dishes on balconies, which have been decided in both
directions depending on the judge and extenuating circumstances.
References:
Condo smoking bans: Can boards butt in?
http://www.washingtonpost.com/realestate/condo-smoking-bans-can-boards-butt-in/2012/02/21/gIQAFR15ZR_story.html

Up In Smoke: Banning Smoking In A Condominium
(Florida, but noteworthy)
http://jsllawgroup.com/up-in-smoke-banning-smoking-in-a-condominium/

Condo boards can regulate smoking in units with amended bylaws
(Illinois)
http://www.chicagotribune.com/classified/realestate/ct-mre-0208-condo-adviser-20150204-column.html

The Secondhand Smoke Dilemma: What Can Be Done? What Should Be Done? What Must Be Done?

MARYLAND APPEALS COURT RULES SECOND-HAND TOBACCO SMOKE IS NOT A PRESUMED NUISANCE
(Maryland) 

A second-hand lesson in dealing with a smoking neighbor
(Maryland)
http://www.washingtonpost.com/realestate/a-second-hand-lesson-in-dealing-with-a-smoking-neighbor/2013/07/18/38bf9d04-e330-11e2-80eb-3145e2994a55_story.html

UP IN SMOKE – REGULATING SMOKING IN CONDO & COMMUNITY ASSOCIATIONS

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