Unit Restriction For Existing Development

a. No owner, family member, tenant, resident, guest, business invitee, or visitor shall smoke cigarettes, cigars, or any other tobacco product, marijuana or illegal substance anywhere within the boundaries of the project or complex. This prohibition shall include the outside common area, enclosed common area, exclusive use common area and units within the project.

b. "Smoking" shall include the inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar or other tobacco product, marijuana, or illegal substance.

c. "Business invitee" shall include, but is not limited to, any contractor, agent, household worker, or other person hired by the owner, tenant or resident to provide a service or product to the owner, tenant, or resident.

d. Any owner who sells his unit shall specifically disclose to all potential buyers and Realtors that smoking is prohibited everywhere within the project, including within the units. Any owner who rents or otherwise allows someone other than the owner to reside within or occupy the unit shall disclose to all persons who reside within his unit that smoking is prohibited within all common areas and the unit prior to their residency or occupancy.

e. Each owner is responsible for the actions of all other persons residing within or visiting his/her unit and shall be subject to disciplinary action or a court action for an injunction, or any remedies available for the violation of this section. Any resident or the association may enforce this section in a court of law. If any resident or the association is required to hire legal counsel to enforce this section, the resident or the association shall be entitled to recover his/her or its attorneys fees and costs incurred, whether or not litigation has been commenced. The association may collect the attorney’s fees and costs it incurs through the use of a special assessment levied against the owner of the unit and an assessment lien, if necessary.

f. The Board of Directors shall have the authority and power to enact rules and regulations, which it deems necessary to enforce this restriction, including a schedule of fines, which may be imposed after notice and a hearing.

g. The restriction set forth in subparagraph "a" above shall not apply to owners, tenants, residents or occupants of units in which title was acquired by the owner prior to the enactment of the restriction and the owner, tenant, resident or occupant began occupying the unit prior to the enactment of the restriction ("existing units"). The restriction will be enforceable as to existing units once the unit is sold, transferred or conveyed to a new owner or the owner, a new tenant, resident or occupant begins to occupy the unit after the enactment of the restriction. The ability to smoke in a unit shall not be sold, transferred, or conveyed to any person who acquires title after the enactment of the restriction.

Unit Restriction For A New Development

a. No owner, family member, tenant, resident, guest, business invitee, or visitor shall smoke cigarettes, cigars, or any other tobacco product, marijuana or illegal substance anywhere within the boundaries of the project or complex. This prohibition shall include the outside common area, enclosed common area, exclusive use common area and units within the project.

b. "Smoking" shall include the inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar or other tobacco product, marijuana, or illegal substance.

c. "Business invitee", shall include, but is not limited to, any contractor, agent, household worker, or other person hired by the owner, tenant or resident to provide a service or product to the owner, tenant, or resident.

d. Any owner who sells his/her unit shall specifically disclose to all potential buyers and Realtors that smoking is prohibited everywhere within the project, including within the units. Any owner who rents or otherwise allows someone other than the owner to reside within or occupy the unit shall disclose to all persons who reside within his unit that smoking is prohibited within all common areas and the unit prior to their residency or occupancy.

e. Each owner is responsible for the actions of all other persons residing within or visiting his/her unit and shall be subject to disciplinary action or a court action for an injunction, or any remedies available for the violation of this section. Any resident or the association may enforce this section in a court of law. If any resident or the association is required to hire legal counsel to enforce this section, the resident or the association shall be entitled to recover his/her or its attorneys fees and costs incurred, whether or not litigation has been commenced. The association may collect the attorney’s fees and costs it incurs through the use of a special assessment levied against the owner of the unit and an assessment lien, if necessary.

f. The Board of Directors shall have the authority and power to enact rules and regulations, which it deems necessary to enforce this restriction, including a schedule of fines, which may be imposed after notice and a hearing.

Note: This sample policy is written by a California attorney and may not be applicable in other states.  Please consult an attorney before adopting any no-smoking policy.  Nothing in this document should be considered legal advice.