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Welcome and thank you for your question. I will be the professional that will be assisting you. If there was no smoking ban prior the HOA needed to follow the amendment process as set out in you governing documents to impose a new rule. What do your governing documents the board MUST do to amend bylaws?
This link sets out all of the Laws that govern an HOA in MA:
"Homeowner Associations are governed by a chain of governing documents and laws.
Massachusetts State Laws:
Can you tell me what your bylaws set out is the requirement to amend a rule?
or propose a resolution?
Based on what your saying you could open the balcony door and smoke but not stand outside. They can actually turn a condo in a no smoking condo, if they follow the rules.
Can smoking be banned on my private balcony that only opens only into my unit and no one else's?
Unfortunately they can, HOWEVER, they can only do so through a proper amendment. There is a very specific procedure that must be followed they cannot just post this and say it is a new rule. Do you have a copy of your bylaws?
I do not know what the by laws are to establish such a rule.
If you do not have a copy of the governing documents we need to make sure that the HOA provides them to you.
Please give me a moment to provide language the statute/law in MA requires for an amendment.
"Massachusetts condominium smoking rules
As anti-smoking restrictions become increasingly widespread, smokers find the last place they can indulge freely is within the confines of their home. However, the saying that a man’s home is his castle may not extend to condominiums where condo associations are enacting bans against smoking in common areas and even individual units." http://massrealestatelawblog.com/tag/massachusetts-condominium-smoking-rules/
So we need to know what your rules require.
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