Q
: Our association recently adopted a rule banning smoking in all units, except for a designated outdoor area. We've owned our home here for 25 years and never had complaints about my wife's smoking. Can we enforce this rule to stop individuals from smoking inside their homes? — Bill

    A: In many jurisdictions, indoor smoking has been banned in associations for some time, and the prohibition has expanded to limited common elements like balconies. Recently, some associations have gone further by banning smoking inside individual units. While this trend is still untested in court, reasonable rules enacted to protect health have generally been upheld.

    A community can ban smoking in both common elements and private units if it doesn't unduly restrict residents' rights. For example, a smoking ban might be reasonable if your unit shares air conditioning with neighbors, but not if you have isolated HVAC and run air filters. To enforce the rule, send a warning letter to the offending homeowner, followed by fines for non-compliance. If necessary, take the case to court and seek an injunction.

    Gary M. Singer is a Florida attorney specializing in real estate law. He practices from his office in Sunrise and frequently consults on general real estate matters with companies across the nation. Send him questions online at sunsentinel.com/askpro or follow him on X @GarySingerLaw.