The board understands that smoking is a contentious and controversial issue. People are adamant in their beliefs regarding their freedom to engage in a behavior that’s legal. On the other side, others are equally fervent regarding their right to be in a smoke-free environment. While the board has a fiduciary duty, that duty doesn’t compel action in every instance. The board must consider the impact on ALL Association members. Careful consideration is also appropriate when the board reviews any matter that exposes the Association to significant expense or concerns a matter that the board believes is not legally defensible.
Currently, there’s no Colorado or Denver city laws that prohibit smoking within a condominium community. Canyon Club’s governing documents don’t contain a prohibition on smoking. Any reference to nuisance and odor are inadequate for the purposes of restricting smoking. Based on consultation with our legal counsel, nuisances are primarily matters that affect the health and safety of the entire community. Moreover, cigarette smoke, similar to odors from cooking, in that both may subjectively offensive, don’t allow the board to force owners from engaging in those activities and behaviors.