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Frequently Asked Questions: Condominium Law

Can a board prohibit smoking within a unit or in common areas?

While a master deed could prohibit smoking of any kind at a condominium, such governing documentation is rare. Smoking could be prohibited by a board in or on common areas by an appropriate restriction within the condominium documents though prohibiting a unit owner or tenant from smoking within their own unit has not, as yet, been allowed by a Massachusetts court. Smoking within a unit involves a difficult balance between an owner’s right to enjoy his unit by smoking and a unit owner who claims the enjoyment of their unit is hindered by their neighbor’s smoking. These disputes are sometimes resolved through smoke mitigation measures which allow a unit owner to continue smoking and a neighbor to get relief from second-hand smoke.

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