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Can a condo association stop a resident to stop smoking on

Customer Question

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
Expert:  legalgems replied 1 year ago.

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.

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The relevant statute is here:

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