Wafting Haze Affecting Guests?


  • Explorer

    Hello all.

    Our condos are in a small HOA of only 4 units in a mountain resort in California. Truth be told, we’ve never had an issue with smoking until recently. But with pot now legalized for recreational use, we have had some complaints from non-smokers about the wafting haze. 😉

    We do have a no-smoking policy for our units. Unfortunately, this does not help when 2nd hand smoke from other units is the issue. Our balconies are situated such that smoking in the downstairs units can very much affect the guests in my upstairs units.

    Have any of you restricted or tried to restrict smoking HOA-wide using rules or changes to CC&Rs (common area only? garden also? within a certain distance of entrances? within certain distance of building?)? If so, would you share your experience, advice, wording of rule? outcomes?

    Alternately, I would be interested to hear how you have handled the issue of guests annoyed/concerned about 2nd hand smoke coming from adjacent properties/condos.

    Mary Beth


  • Advisor

    @Mary-Beth-Ericson
    We don’t have the problem with pot, but our Greek properties have the problem with guests who assume that since in Greece you can smoke everywhere, they are allowed to do as they please since “everyone else does”.
    After learning the hard way early on, we’ve been able to counter the issue in advance (prior to arrival/booking) with strict wording in our agreement and our house rules:

    The booking contract says:

    ** SMOKING
    The interior of the apartment is NON SMOKING. Smoking is permitted on the balconies, verandas and the roof terrace (see house rules regarding the terrace). Guests are responsible for discarding smoking materials. Evidence of smoking materials anywhere in the apartment, balcony, terrace or veranda will result in a fee of $500.

    HOUSE RULES

    • SMOKING
      The interior of the apartment is NON SMOKING. Smoking is permitted on the balconies, verandas and the roof terrace. Since AlphaPlus & Beta share the terrace, we expect you to respect your neighbor. Please do not smoke on the terrace when in use by them if you aren’t all smokers.
      Guests are responsible for discarding smoking materials. Evidence of smoking materials anywhere in the apartment, balcony, terrace or veranda will result in a fee of $500.*

    We’ve had rules like this in place for almost 10 years and have not had any issues.


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