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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2212
Experience:  Experience in residential real estate and commercial leases.
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I own my own condo and my next door neighbor also owns s

Customer Question

I own my own condo and my next door neighbor also owns his condo. He has reported to our Homeowners Assoc. about my smoking. My question is Can I be evicted because of smoking in my own home?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 9 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unless there is a written restriction with regards ***** ***** that grants an HOA authority to foreclose for violation, an HOA may not evict a person from their own property. It is possible to face fines under a broad "nuisance" provision in the CC&R's and perhaps a private nuisance claim by the other owner, but not eviction.

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