A HOMEOWNER has shared his frustration over a new HOA rule dictating what he can do inside his own house.
The frustrated resident has lived in his home for 25 years and is questioning if HOAs are allowed to ban certain activities inside homes.
Bill, the homeowner, was caught off guard when his HOA banned residents from smoking inside their homes.
The rule, which restricts smoking to a designated outdoor area, was passed at the HOA’s annual meeting by a majority vote.
His wife is a smoker and was struggling with the sudden change.
He called the HOA rule unfair, pointing out how it was never an issue until now.
In a letter to The Sun-Sentinel, Bill wrote, “I’ve lived here for 25 years, and no one ever had a problem with my wife’s smoking.
“Now, they’re telling us we can’t smoke in our own home?”
In response, Sun-Sentinel writer Gary Singer confirmed smoking bans have been a growing trend in HOAs for years.
“For the last decade or so, the prohibition has been expanded to limited common elements,” Singer wrote.
He said the more recent trend of banning smoking within individual units is still untested in the courts.
Even though some people may find the rules reasonable, it is uncertain if they would be legally binding because they have not undergone thorough testing in court.
He added that smoking bans in common areas have been upheld due to well-known health risks.
The question of whether such a ban inside an individual unit will hold up is trickier.
“Each individual’s relative rights would have to be balanced,” Singer wrote.
If the unit shares ventilation systems with neighbors, a smoking ban could make sense.
However, if the unit is self-contained with its air filtration system, the ban might be harder to justify.
Singer pointed out courts will likely consider whether smoking disturbs other residents.
“People have the right to live the way they want inside their own homes,” he wrote, “but doing so should not harm their neighbors.”
If Bill’s HOA enforces the new rule, they can do so in the same way they handle other rule violations.
First, Bill could receive a warning letter, and if that’s ignored, he could face fines.
“If the resident still insists on smoking, the association could go to court,” Singer explains.
This could ultimately lead to a court-ordered injunction, with severe consequences if violated.
The outcome of this case could set a precedent for similar disputes in the future.
More and more communities are moving to regulate smoking inside private homes for the health and comfort of their residents.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
