Smoking is still a very hot topic for condo boards. Smoke of any kind can easily travel between units and through common elements, creating health issues for all owners.

If your association is experiencing issues with smoke, the best course of action is to attempt to amend your Declaration to prohibit smoking in units as well as common areas. This measure requires a 2/3 vote of the unit owners, at minimum, to pass. If you cannot garner the necessary votes for an amendment, there are other steps the board can take to mimimize the the nuisance. 

The associaton's Rules & Regulations can be passed by the board without an owner vote. These rules can prohibit smoking in common areas and impose fines for violations. The board can also require any lease in the building to contain a "No Smoking" clause to address rented units. Owners are required by the IL Condo act to provide a copy of any lease to the board, which allows for the review of this required clause. Again, the board can impose fines for violation of this requirement and for any smoking that occurs in rented units.

Every measure adds up. Continue to poll your owners for support of a smoking ban in the builidng and take smaller steps until you can accomplish this.


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