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Two condominium clients have recently banned smoking both in common areas as well as inside individual units.  The change is a timely one, given the appearance in the current issue of Condo Media of an article on the subject that takes a national scope in addressing the matter.  According to the article, barring a supermajority or such higher percentage as may be required under the governing documents, an association cannot ban in-unit smoking in Massachusetts yet.  However, the Commonwealth and other states are considering a ban on smoking in all multifamily residences just as they have in public spaces and work places.  This would hinge on a determination that smoking is a nuisance and or a threat to public health.  In that case, condominium documents with a nuisance provision may be able to prohibit all smoking.  Readers who are members of the Community Associations Institute can view the article here: http://www.caine.org/MediaMagazine/      Non Members can obtain a copy by emailing This email address is being protected from spambots. You need JavaScript enabled to view it.

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