—Smoked Out in Chicago
“Many covenants have a provision restricting nuisances, etc., but in my opinion any regulation would have to be specific. In my opinion, it is within the inherent authority of an association board of directors to adopt rules and regulations governing the smoking with the building as a health and safety issue.
“The rules could include ventilation requirements if an owner does, or an outright prohibition. However, it may raise the question of whether such regulation must be prospective in nature. I would say an existing owner would have to be grandfathered.
“The property could include in all communications and signage that it is a "smoke free" environment.
“A board would need to be aware of the fact that it is going to be a controversial subject and the board should conduct one or two public meetings, before it makes a final decision, but with proper notice and consideration of all owners rights, in my opinion it can be done.”
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