Smoking in Units Prohibition Upheld
As reported extensively in numerous media outlets, HindmanSanchez recently successfully defended a challenge to an association's prohibition on smoking in its community, including inside the units. The Heritage Hills #1 Condominium Association was experiencing second hand smoke filtering from a smoker's unit into non-smokers' units. After numerous attempts to prevent the infiltration of second hand smoke failed, the Association decided to amend its Declaration to specifically prohibit smoking in the entire community including inside units. The homeowners approved the amendment and the smokers challenged it in Jefferson County District Court, as an unreasonable and improper use restriction. In an eight page ruling, District Court Judge Lily Oeffler upheld the amendment prohibiting smoking and found that the "passage of the Amendment to the Declaration of Covenants, Conditions and Restrictions was proper, reasonable, made in good faith and not arbitrary and capricious." To read the entire ruling click here.