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The Smoking Debate: Can a Condo or Co-Op Board Enforce Non-Smoking Rules Upon an Individual Homeowner or Renter?



Can a condo or co-op board enforce non- smoking rules upon an individual homeowner or renter?

Smoking regulations are becoming more and more common, as are monetary judgments and precedent setting cases. Managing partner, Dennis J. Eisinger, is at the legal forefront on the smoking vs. non­smoking debate and has drafted amendments to condominium documents for existing residential communities, and has prepared the first condominium documents in Florida prohibiting smoking in newly constructed buildings. Eisinger is also co­developer of multiple boutique condominiums in east Fort Lauderdale which prohibit smoking and is very proud of his role in making residential communities healthier and safer. The documents for these new residential communities prohibit smoking of tobacco products within all common areas (including pool areas and parking garages), and within all units. His non­smoking stance has been popular with new condo buyers and separates his developments from other communities.

“We believe that these are the first residential condominiums in Florida where a developer has prohibited tobacco smoking within units from the outset in its condominium documents,” said attorney Dennis J. Eisinger. “That makes the restriction much easier to enforce. But our firm also frequently encourages our community association clients to consider amendment of their existing documents too.”

Dennis J. Eisinger is the founding partner of Eisinger Law and serves as the firm’s managing partner. Eisinger is also a principal of Ocean Land Investments, Inc., and also is an Adjunct Professor of law at the University of Florida School of Law.

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