Enforcing association rules about smoking

Tribune Content Agency the same way it treats other violations of the building rules.

Most association boards would prefer to know that an owner has broken a rule right when it happens. Many of those same associations fine unit owners for breaking rules, including paying their assessments late, offering shortterm rentals and any other association rules. Many associations will fine an owner a small amount for the first violation, but increase the fines as subsequent violations occur.

When the unit owner refuses to pay those fines, the association can then go to court to enforce payment. In some cases, the association can enforce payment of the fine by foreclosing on the unit and using those proceeds to pay any amounts that are outstanding. (No association will file suit over $100; but if the fines escalate, the financial cost and time cost of legal action might be worthwhile.)

If you live in an association that is proactive, the association may have a strict set of fines in place for a variety of rule violations. So, if unit owners violate the no-smoking rule, the association can fine them. For fairness purposes, the board can set up a procedure for allowing the unit owner to contest the violation. If the unit owner contests the violation and loses, the unit owner will have to decide on whether to pay the fine (and any others handed out for future rule violations) or conform to the no-smoking rule.

Seeking to foreclose on the unit owner for the nonpayment of outstanding fines is a hard-line approach, but many associations handle rule violations and fines in this way.

On the other hand, if your association is not willing to step up and enforce your association rules, you might be out of luck. You will need to vote in board members who are more willing to enforce the no-smoking rule and will be willing to create their own “hammer” to make sure all association rules are followed. In the case of a unit owner who hides his or her smoking habit, the association can work with adjacent owners to uncover which unit owner is smoking, and then issue the fine.