HOA No-Smoking Policies

What would a board need to do to develop, implement, and enforce a no-smoking policy on association property? The board of directors of a Maine condominium or homeowners should take the following steps to adopt a rule prohibiting smoking on association property:

Identify the rule’s scope and enforcement mechanisms. This includes identifying the areas where smoking will be prohibited and the locations, if any, where smoking will be permitted. The board also should define the types of smoking that will be prohibited under the rule. Will the rule prohibit just cigarettes or pipes or does the board also want to prohibit e-cigarettes and vaping? Will the smoking of marijuana also be prohibited?

The board also should consider how it will enforce the rule. For example, what evidence will the board require to pursue a violation? What penalties will be levied for violations? The text of the written rule should include descriptions of the scope of the rule and enforcement mechanisms.

Confirm authority. This requires review of the association’s governing documents to confirm the board has the authority to adopt the rule and the proposed penalties. Generally, if the no-smoking rule applies only to common areas, the board will possess authority to adopt a rule without the need for a general membership vote.

Adopt the rule. For most Maine community associations, adoption of a rule requires a majority board vote at a board meeting or unanimous written consent without a meeting. Condominium boards must provide prior notice to the membership of the meeting at which the board will vote on the rule. Prior to the rule becoming effective, the board should send a copy of the adopted rule to all members.

Enforce the rule. Enforcement will be in accordance with the rule’s text, the governing documents and, if applicable, the condominium act. It is best practice (and required for Maine condominiums) to provide a violator with notice and an opportunity to respond prior to levying fines.

This process applies only to rules prohibiting smoking in common areas. If a board would like the no-smoking rule to prohibit smoking within the boundaries of the owner’s property or to limited common areas to which the owner has exclusive-use rights, an amendment to the declaration or bylaws may be necessary. We recommend the board consult with the association’s attorney in developing and adopting any no-smoking rule or amendment.