Homeowner rages over new HOA rule dictating what he can do inside his own home – he lived there for 25 yrs without issue

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.

A sad young man sits at a kitchen counter, head in hands.
A homeowner was blindsided when HOA handed down a new ban (stock photo)Credit: Getty
Close-up of a hand holding a lit cigarette.
The new rule is part of a growing trend in HOAs, experts sayCredit: Getty

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.

‘Pathetic’ HOA tears down 90-year-old’s fence then bills her $1,000 for it but they left neighbor’s gate untouched

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.
You May Also Like

“Footage of North Korean Quadbike Troops Defeated in Kursk Battle amidst Putin’s Military Intervention”

THIS is the moment North Korean quadbike troops are wiped out in…

Florida Mother and Boyfriend Arrested for Allegedly Abusing Toddler Girl for Extended Period

Earlier this month, a woman from Florida and her boyfriend were taken…

Houthis Threaten to Strike US Ships Near Yemen as Trump Launches Intensive Attack

The Houthis have declared their intention to attack any American vessels approaching…

Kanye West speaks out against the “Kardashian family” and discusses challenges with visitation in latest outburst following text exchanges with Kim over Diddy controversy

Kanye West has criticized the ‘Kardashian mob’ in his recent rant, angering…

Actress from American Pie arrested and restrained at US-Mexico border during US immigration crackdown

A TOP Canadian actress who played a role in the famous American…

Tragic Incident: Influencer Airi Sato, 22, Murdered by Deranged Fan During Livestream with 6k Viewers

A Japanese influencer was brutally stabbed to death whilst streaming to thousands…

Terrorist group posts disturbing video after Trump threatens retaliation

The Houthi rebels in Yemen have recently shared a disturbing animation depicting…

Mormon Mother Charged with Poisoning Husband Claims Rights Violated

Kouri Richins’ defense alleges that the Summit County Sheriff’s Office illegally obtained…

Jason Isaacs from White Lotus reveals he enjoyed being someone else while battling drug addiction, but is now celebrating 25 years of sobriety

Jason Isaacs has admitted he ‘liked not being himself’ during his decades-long…

Concerns increase for British backpacker Alexandra Clarke missing following a dive boat fire as search continues off ‘Death Island’

Concerns have heightened for a 26-year-old British traveler who disappeared after allegedly…

Pope Francis spotted for the first time following a breathing crisis and put on a ventilator while in hospital fighting an illness

Pope Francis, who has been unwell, was recently spotted after encountering significant…

Alert: Police are asking for information on a missing woman from Georgia

The Atlanta Police Department is asking the public for assistance in locating…