Christiansen v. Heritage Hills #1 Condo. Ass’n
A condominium association passed a ban on smoking inside the units. The ban was challenged by one of the condominium owners, who smoked, and her husband. The court upheld the condominium association’s amendment to the Covenants, Conditions and Restrictions (CC&Rs) to ban smoking. The court heard extensive testimony about complaints to the owner about smoking and attempts by other residents to fix the problem through methods such as adding insulation, sealing pipes and gaps, and installing HEPA air filters. The court found that the no-smoking amendment was properly passed by 75% of the owners as specified in the CC&Rs and that it was made in good faith. The court also found that the smell of cigarette smoke constituted a nuisance. The court said that the smoking ban did not violate public policy and compared the migration of smoke to extremely loud noise that cannot be contained. Finally, the court noted that there is no constitutional right to smoke.