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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I just moved in to a condo in san diego and i am smoker but

Customer Question

I just moved in to a condo in san diego and i am smoker but they are saying smoking is not allowed inside which doesn't make sense to me because I should be able to have my privacy in my own home! I just need to know what are the consequences of smoking inside ? Thank you
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, in a common interest development (particularly a condo - with shared walls and often with shared floors) you do not always have the right to smoke in your separate interest, particularly in California.If you do decide to smoke in the unit, your HOA can fine you for each instance or reported violation, these fines, if not paid, will turn into levies or liens against your condo, which can be enforced by a sale or foreclosure of your home.The HOA can also sue you for enforcement of the CC&Rs, if the repeated fines are not effective and get an injunction (court order enjoining you from smoking) which will result in even more financial penalties.I am sorry to hear about this as it appears you have just purchased, but the CC&Rs for common interest developments do need to be reviewed carefully, especially in these types of communities prior to purchase as there is no waiver or equitable relief from them, and both the HOA and your neighbors will have a right to sue you to enforce these terms.