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How Have the Courts Handled the Issue of Smoking in Condo

Question 73

Multiple Choice

How have the courts handled the issue of smoking in condo and co-op association rules?


A) Smoking is treated as a public nuisance and can be prohibited by boards
B) Proof of harm from secondhand smoke is necessary to establish the basis for an HOA rule banishing smoking within units
C) Smoking cannot be prohibited by HOA rules
D) Federal law requires no-smoking rules in condos and co-ops

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