Enforcement under the Nuisance Provision of the CC&Rs.
Secondhand smoke can cause serious health problems in children and adults.
Is it legal to completely prohibit smoking in an apartment building or condo complex?
Smoke can easily seep into other apartments in multi-unit buildings – through walls, doors, electrical outlets, and ventilation systems. There is no way to eliminate this exposure. Not only is the smell annoying, but secondhand smoke also affects many parts of the human body in children and adults.
California law recognizes two types of nuisances: (1) a private nuisance, and (2) a public nuisance. A private nuisance affects one or a few property owners. A public nuisance affects an entire community or neighborhood. A nuisance is “anything that is injurious to health . . . or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with…
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