What Happens If My Building Decides to Ban Smoking?

Aug. 4, 2015 — We're buying an apartment in a building that allows smoking. Since we smoke, we're worried this could eventually be banned. Thoughts?

When you say the building "allows smoking" I would assume this means it does not have any restrictions regarding smoking in resident apartments or common areas. But there still may be consequences.

Smoking can be a management company nightmare. We get a call from a resident that her child's room smells of smoke. An elderly person complains of being ill from second-hand smoke. A board member wants action. The house rules do not provide a means for the board to act. What can be done? A friendly letter from the management company making the resident aware of the complaints would be a start. Also helpful: a visit from the manager to inspect the premises and determine the legitimacy of the complaints, and perhaps offer suggestions.

These are some of the potential consequences to be expected for a smoker in a building where restrictions on smoking are not imposed. Where restrictions are written the consequences can be even greater. Fines can be imposed, legal notices may follow, and a great deal of management oversight will be needed.

What we would always suggest is that those who choose to smoke get a high-quality smoke purifier or filter system. Perhaps restrict your smoking to the room or rooms where you have such filters. And perhaps simply respect the rights and comfort of your fellow residents by limiting your smoking in your apartment. You do not want to be the catalyst behind a new board resolution restricting smoking or imposing new fines.

Seth Kobay is president of Majestic Property Management.