Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Can a condo association stop a resident to stop smoking on

Customer Question
there balcony that is mor...
can a condo association stop a resident to stop smoking on there balcony that is mor than 30 feet from a common area
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
6/17/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,458
Experience: Just Answer consultant at Self employed
Verified

IL is more restrictive on smoking than most states.

Here are excerpts from the statute that allows Condos to make rules regulating smoking issues - provided that the bylaws or rules and regulations of the Condo allow for this :

The Board may pass rules “such other lawful provisions not inconsistent with the provisions of the Act as the owner or owners may deem desirable in order to promote and preserve the cooperative aspect of ownership of the property and to facilitate the administration thereof.”

the bylaws may have “such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners"

“to adopt and amend rules and regulations covering the details of the operation and use of the property

If the rules are amended and there are known smokers in the units, that can cause a lawsuit, so usually they will grandfather in the current residents, and impose it as a restriction for new residents.

There is not much case law on this because the concerns re: second hand smoke have not been a public concern until recently, so there will likely be challenges to associations that implement a blanket policy without grandfathering residents in.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

The relevant statute is here:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct

Ask Your Own Real Estate Law Question
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 11,458
11,458 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We belong to a home owners association in Pennsylvania that
We belong to a home owners association in Pennsylvania that decided to have a special vote to authorize water metering in each unit in the community. The vote was taken and did not pass, the associati… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My grandmother and grandfather died without a will. My
My grandmother and grandfather died without a will. My grandfather before dying asked my uncle to live in the home to take care of my grandmother. He has paid all of the home expenses with the excepti… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
1. Is there a tennant's association or something like that
1. Is there a tennant's association or something like that in Steuben County New York State that helps and supports tennents in disputes with landlords?2. I have been a renter for 11 years and am havi… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
Is grandfathering of property you have been taking care of
Is grandfathering of property you have been taking care of for 45 years legal … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a management company of my neighborhood association
Can a management company of my neighborhood association refuse to give me association board members contact info? In WA state.… read more
Lori
Lori
Juris Doctor
256 satisfied customers
House s grandfathered, may I tear house down and rebuild
house s grandfathered, may I tear house down and rebuild larger and roof higher … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
In condominium association all parts of building and stairs
In condominium association all parts of building and stairs exteriors (aesthetic and structural) have to be maintain by HOA or individual owners? … read more
legalgems
legalgems
Arbitrator
11,458 satisfied customers
I live in garden villa service maintenance association and
I live in garden villa service maintenance association and our monthly dues pay for repairs and replacement of siding roofs and gutters. The maintenance is always ongoing and our monthly dues increase… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
Under the Grandfather clause, I have a mechanic shop that
Under the Grandfather clause, I have a mechanic shop that has operated since 1938, as time has gone forward, parts and equipment on the property has become an eyesore sort of to speak, however I have … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
What are the requirements for a Condo Association to have a
What are the requirements for a Condo Association to have a Capital Reserve done by an outside agency. This is for the state of Ohio. Can the Board perform one on its own? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I wanted to know who is responsible to enforce maintenance
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
I have an odd situation here. story short: 1. My grandfather
Hi, I have an odd situation here. Long story short: … read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Who is responsible for maintenance of a retaining wall which
Who is responsible for maintenance of a retaining wall which is on the boundary between 2 properties ? I own a Single Family Home in San Francisco, CA. Our street is on a gradient. Our backyard is abo… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Can an owner's association prohibit a property owner from
Can an owner's association prohibit a property owner from leasing in a situation where the property was purchased prior to the leasing restriction being adopted by the board or incorporated into the d… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
Cam maintenance enter an apartment without permission.
cam maintenance enter an apartment without permission … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
Our condo association bylaws indicate the association own
Our condo association bylaws indicate the association own the sliding glass doors. How do you go about get getting the association to replace doors that are leaking? With Irma, our condo suffered dryw… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My grandfather left me his home. In the will, my grandfather
My grandfather left me his home. In the will, my grandfather stated that my father could live on the premises if he maintained the property, paid the taxes and home owners insurance, and if the two of… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If the condo association bills the monthly maintenance fees
If the condo association bills the monthly maintenance fees quarterly, but I want to pay monthly, the associations charges me 10% late fee. it that legal... I am not behind in any payments; however, i… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x