Condominiums can have homeowners associations which regulate rules and restrictions for residents and tenants. But what happens when they change the rules or in pose conflicting roles that will affect the tenants or residents?

A recent article in the Washington Post stated that a condo owner was conflicted with the change of smoking rules. Smoking was allowed in each individual’s units and on their own or balcony but now, they are implementing a 100% no smoking policy including in the unit. If the new policy should pass could be owner hold the association responsible for the selling costs if they need to sell because they can no longer smoke in their unit?

It comes down to any activity or practices that can affect another person, including those in the condo association. While it might be okay to smoke inside your units, secondhand smoke can definitely affect other people, which is probably why the Association is choosing to inflict this rule.

The post goes on to say that according to the American Non-smokers Writes Foundation there are over  4300 laws that affect and restrict were smoking is allowed. However, when were talking about your own property, it does come down to condo or homeowner associations voting on the new bill. If it passes, no one would be able to smoke inside their own condominium. So, should this pass, everyone will have to abide by the rules and no one will be grandfathered in. As for the question of whether or not the Association takes responsibility of the selling costs, homeownership doesn’t work that way. There are no guarantees when the buyer purchased a condo that the rules will never change. Associations change the rules all the time that will affect some or all of the unit owners. This is the risk the condo buyers are willing to take when purchasing a condominium in an Association.

For more information on condominiums, associations and how to purchase a condo in Panama City Beach please contact us at any time.

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