Boards are continually bombarded with complaints from residents about the transmission of cigarette smoke into their homes. Most governing documents prohibit residents from engaging in “noxious or offensive activities,” leading residents to look to the Board to solve smoking related complaints.

In a condominium association, the Board determines whether a nuisance exists by ascertaining whether the conduct is unreasonable for the average person residing in the building property. The dangers of second-hand smoke have been sufficiently established in medical circles for the Board to reasonably conclude that it is justified in imposing abatement requirements.

This article from the CAI Illinois blog offers a strong template for rules regarding smoke transmission.

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