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Updated about 18 hours ago,

User Stats

21
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2
Votes
Jessica Young
2
Votes |
21
Posts

HOA votes to bylaws change bans smoking but a renters' lease

Jessica Young
Posted

Hey everyone, I'm an owner in a tiny HOA in Florida and the owners want to either ban smoking entirely or make a designated area. Only one tenant smokes and it fills the other units quickly. Unfortunately they refuse to not do it on the outdoor balcony despite other residents' verbal requests. All residents but the smokers have lost use of their balconies and keep windows closed now. My question is:

If the HOA changes the bylaws to ban smoking (which they plan to vote on), and the lease held by the smoking tenant only specifies no smoking "within the unit," is there any legal recourse for the smoking tenant? If so, are there legal ramifications for the HOA board or voting members?

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