A property-wide no-smoking rule is entirely legal. What are the steps to implementing such a policy? For everything you’ll need to go smoke-free, download the Smoke-Free Housing Guide for Condo Owners and Associations.
Step 1: Educate unit owners.
Let all owners know about the problems caused by drifting tobacco smoke. Discuss the reasons to go smoke-free at your condominium association meetings. Common areas in your building may already be protected under the Massachusetts Smoke-Free Workplace Law.
Step 2: Implement the no-smoking policy for the entire property.
Condominium associations can make buildings completely smoke-free by amending the condominium’s rules and bylaws—usually by securing a favorable vote of unit owners (check your condo documents for specifics). View a sample letter to owners proposing the rule, voting letter and by law amendment. In the meantime, condo associations usually can start right away by creating a rule that makes all common areas smoke-free through a simple majority vote of the trustees.
Step 3: Enforce the no-smoking rule.
Here are some tips:
- Mail each owner a copy of the rule change or bylaw amendment
- Treat no-smoking violations the same way you would treat any other rule violation
- Post “no smoking” signs in obvious places
- Respond quickly and consistently to violations
- Let owners know they will be held financially responsible for violations
- Record violations in writing
- Clean up cigarette butts and remove ashtrays
- Repair smoking-caused damages in common areas (if these areas have cigarette burns and smell like cigarette smoke, then residents may ignore the rule)
- Provide neighbors who are interested in quitting with information on quit-smoking services
Step 4: Promote your property as smoke-free.
Take advantage of the high demand for smoke-free housing in Boston and promote your status on the housing registry—all you have to do is create an account. Insurance companies may offer special discounted rates or credits for buildings that prohibit smoking because they reduce the risk of fire. Check with your insurance provider for details.
The information and materials contained on this website are for informational purposes only and should not be construed as legal advice. Nor are they a substitute for obtaining legal advice from a licensed attorney.