How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask J. Warren Your Own Question
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
64316804
Type Your Real Estate Law Question Here...
J. Warren is online now
A new question is answered every 9 seconds

Are there any legal remedies living in a condo that is

Customer Question

Are there any legal remedies for smokers living in a condo that is proposing amending the bylaws to a totally non smoking entity?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 5 months ago.

Hello and welcome! I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Customer: replied 5 months ago.
Where is my response?
Expert:  J. Warren replied 5 months ago.

Unfortunately, there is nothing to prevent the voting by owners to amend bylaws and declarations to convert a condo to a total non-smoking property. However, current owners would be permitted to be grandfathered in and therefore anyone that currently owns a unit will be permitted to smoke. Any transfer of ownership in the future would be subject to the new covenant and restriction. While this doesn't seem fair, there has been no winning challenge to such an amendment as the courts recognize the dangers of second hand smoke and that fact out weighs one's right to a legal activity in the confines of their own property. While you and I may agree this is overreaching and unfair it is the current status.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! Please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Expert:  J. Warren replied 5 months ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Expert:  J. Warren replied 5 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Real Estate Law Questions