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Neighbor’s Secondhand Smoke A Bother

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Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. (M.C., via e-mail)

A: There is no case law on this topic, and it is not addressed in the statute. The board is usually given the authority to adopt rules regarding the common elements, and typically would have broad authority to regulate smoking thereon. In general, Florida law requires the association to prohibit smoking in indoor common areas. The board can also regulate smoking on outdoor common areas, such as swimming pools.

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