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Can my condo association ban indoor smoking?

If you own a condo or are part of a condo association, you may have a wide variety of questions. However, correctly interpreting and enforcing condominium documents is paramount. For example, if you live in Miami and are wondering whether or not your condo association can stop you from smoking indoors, or you wish to have indoor smoking banned by your association due to secondhand smoke exposure, it is vital to understand where Florida law stands.

Whether you have recently moved into a condo or have been living in a unit for years, you are required to abide by the association's documents. As a result, you should review whether or not indoor smoking is permitted by the association. According to the Florida Legislature, smoking in common areas is prohibited under the Florida Clean Indoor Air Act. As a result, you may not be able to smoke in the lobby or clubhouse. With regard to smoking in your individual unit, it is important to review the governing documents and understand whether or not your association allows this behavior.

Aside from smoking, you may be struggling with other matters related to your condominium documents. For example, you could have difficulty interpreting recent changes that were enacted by the association or you might want to have the general documents amended. Regardless of the specific details of your circumstances, it is crucial to take a careful approach.

Please understand that this post was put together to provide general information for condo associations and owners and is not to be taken as legal advice.

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