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State law does not prohibit smoking in private condo

Q: Certain city in California have city codes regarding smoking in multiple residence units. Some states have laws forbidding smoking inside residence units. Does Las Vegas have any city ordinance that are (similar) to California. I live in a condo here and someone is smoking in adjacent unit. My place stinks of cigarette smoke. Help!

A: The short answer is “no.” We do not have any local or state laws prohibiting smoking inside residence units. You will need to check your governing documents as your rules or even your covenants, conditions and restrictions may prohibit smoking inside the resident units. If there are no specific references to smoking, you will probably find in your CC&Rs a section pertaining to “nuisance,” which generally includes, “no noxious, offensive, unsafe, hazardous” activity that unreasonably disturbs another homeowner. You will need to communicate with your management company or board of directors and file a formal complaint.

Please note that the smoking issue is a difficult one for an association to enforce unless there is specific language in the governing documents since smoking in multiple resident units is not illegal.

Q: I have a few questions to ask:

First, can a homeowner take it upon themselves to secure bids for a landscaper and have them sent to his house. He also drew up the contract without the board’s approval. The contract was outlandish at best. When he received no bids from the companies he went on to say no company accepted because of another homeowner at a homeowners association meeting. He mentioned her by name.

Second, can a renter speak out at a HOA meeting. Renters are allowed to attend HOA meetings.

Thank you in advance for your reply.

A: A homeowner can obtain bids and can submit them to the board for consideration but any approval of a bid must be voted upon by the board of directors. Before signing any contract, it is good practice for all contracts to be reviewed by the board, its community manager and legal counsel.

As to a renter speaking at a board meeting, it would depend upon your association’s rules. For many associations, only unit owners may attend and may address the board during the two homeowner forums, one for specific comments as to the agenda and one for general comments to the board. You would need to review your rules as to whether a renter can address the board of directors.

Barbara Holland is a certified property manager, broker and supervisory certified association manager.

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