Smoking On the Patio – HOA Fails to Ensure Non-Smokers Their Rights To Quiet Enjoyment

From Hindman Sanchez Comes this News on a Ruling 
Melissa M. Garcia | Friday, March 22, 2013 | Court Decisions

After a five-week trial, a California jury found the Bella Palermo Homeowners Association negligent for failing to resolve a second-hand smoke dispute between neighbors at a Trabuco Canyon condominium project.  The plaintiffs were awarded just over $15,000 for their claim that the association and management company failed to ensure the non-smoking family’s right to the quiet enjoyment of their unit. 

The Orange County Register reports that the dispute arose from the plaintiffs’ complaint that their neighbors smoked “incessantly” on their patio, leading to the “constant infiltration and presence of secondhand smoke” entering the condo through the windows and sliding-glass door. While the declaration did not contain a restriction against smoking, the jury found that the association’s rule prohibiting “nuisances” was enough to find the HOA and management company in breach of contract and negligence.