HOA Smoking Problem And Restrictions
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SECONDHAND SMOKE Since many decades ago, secondhand smoke is considered a public health issue caused by the smoke breathed out by smokers. It is vital to note that secondhand smoke contains more than 7,000 chemicals, and hundreds of them are toxic and can cause cancer.
First, secondhand smoke causes immediate adverse effects on the cardiovascular system. This means that nearly 34,000 premature deaths from cardiovascular diseases among nonsmokers are produced in the United States by secondhand smoke. Likewise, people who are exposed to secondhand smoke increase their risk of developing lung cancer. Secondhand smoke is also a serious health issue among children. Several studies show that children whose parents smoke get sick more often. Besides, secondhand smoke can worsen asthma in children and put their lives in danger.
HOA AND HOMEOWNER SECONDHAND SMOKE LAWSUITS. On the other hand, many people that live in community associations complain about their smoking neighbors and ask HOAs to take action. One of the most typical features of condominium and HOA communities is that smoke can penetrate other homes through ducts, heating vents, doorframes, and windows. Even though smoking habits in community associations can easily lead to complaints from nonsmokers, some restrictions can make smokers in the community feel like their freedom is being limited. For this reason, smoking issues can be a divisive problem in any residential complex.
COMPLAINTS
However, the risks of secondhand smoke are well-known, and litigation can be inevitable within HOA communities. This means that HOA members and boards can file a lawsuit against noncompliant members to enforce community covenants and rules. In the same way, members can also require the board to enforce restrictions on smoking. Notwithstanding, prohibiting smoking within individual homes can be a problematic issue since courts cannot impose restrictions on what a person does in the privacy of their property.
PROHIBITION In some cases, associations can obtain necessary member support to prohibit smoking completely, especially in condominia or townhomes where units are closer to each other than in single-family communities. Either way, the best option to solve disputes within an HOA is an amicable resolution that promotes coexistence between neighbors.
For further information, call the professionals on HOA management in Greenville, SC.
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