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Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units

By Jack Malley and Ken Jacobs
November 30, 2014

In February 2014, our client, a Westchester County condominium association (the “Association”), amended its bylaws to bar smoking everywhere on the condominium property, including inside individual units (the “No Smoking Bylaw”). One unit owner (“Defendant”) continued to smoke in his unit despite the Association's demands that he comply with the No Smoking Bylaw. The Association retained us to enforce its rights under the Bylaw.

A Condominium's Bylaws May Restrict Conduct Within Units

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