Allowing Smoking in Common Areas May Invite Nuisance Claims

Allowing Smoking in Common Areas May Invite Nuisance Claims



As nonsmokers become more assertive about their right not to breathe secondhand smoke, there has been increasing litigation over the issue of smoking in condominiums.

A recent California case is an example of this, and it may push boards to consider eliminating smoking in the common areas of condominium communities. Although the case involves an apartment complex, there are similarities with how smoking in condominiums has been litigated—and will continue to be litigated.

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