How can we address disputes between smokers and nonsmokers regarding secondhand smoke?
In general, a unit owner has the right to smoke in his or her own apartment, but condo associations can make rules regarding smoking in the common spaces, including hallways, gardens, decks, and laundry rooms. If smoke makes its way into other units through vents and windows, one might be able to pursue a legal course of action. For instance, it has been argued that smoke pollution is no different than noise pollution and affects other owners’ rights to enjoy their apartments. People who suffer asthma or other conditions may have health grounds for legal action. On the other hand, a smoker may be able to claim an addictive disability, which could give that person a way to fend off the rights of nonsmokers. While legal action is an option, it provides no guarantees. If you want to pursue that route, discuss it with a lawyer who can explain the potential risks and benefits. You might also want to check out the Clean Lungs website and the Smoking hurts website. For a Massachusetts perspec
