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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116828
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I own a vacation condo in a beach resort town in New Jersey.

Customer Question

I own a vacation condo in a beach resort town in New Jersey. I purchased my condo in 2000 at which time there were no smoking restrictions. Lately, several other owners have begun to push a no smoking policy. I have stopped smoking outside so my smoke doesn't drift into other condos but they want to stop me from smoking in my own condo as well. What is the law and what can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, this is an issue with condo units and associations. Legally smokers are not protected under any laws, which means these associations can legally change the rules by a vote of the members and can prevent smoking anywhere on their property. There is no NJ law that prevents them from doing so and the federal law, as I said above, offers no protection to smokers.
Actually, the laws are set up to treat smokers like second class citizens. So legally, if the association has a proper vote on changing the rules, you as an owner are forced to abide with the rule change, even though you feel (likely correctly) that this rule infringes on your use of your unit, because they legally can make the building entirely no smoking if they choose.

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