Galloway, NJ asked in Civil Rights and Health Care Law for New Jersey

Q: I live in a condo in the state of NJ. There is a pool whereas one must be a resident in good standing. However, there

are no smoking signs posted. the property manager is allowing smokimg in the entrance to the pool which is the common area. Please help. Children and the users are subjected to the second hand smoke.

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1 Lawyer Answer
James L. Arrasmith
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A: I understand your concern about secondhand smoke exposure, especially for children, in the common area by the pool entrance. Here are a few steps you can take to address this issue:

1. Review your condo association's bylaws and rules: Check if there are any specific regulations regarding smoking in common areas. If there are rules prohibiting smoking, you can use these to support your case.

2. Document the issue: Take photos of the no-smoking signs and people smoking in the common area. Keep a record of the dates and times when you observe people smoking.

3. Write a formal letter or email to the property manager: Explain your concerns about the health risks of secondhand smoke and how it affects residents, especially children. Mention the no-smoking signs and any relevant rules from the condo association's bylaws. Request that the property manager enforce the no-smoking policy in the common areas.

4. Attend a condo association meeting: Bring up the issue during a meeting and seek support from other residents who may share your concerns. Propose solutions, such as designated smoking areas away from the pool entrance or stricter enforcement of the no-smoking policy.

5. Escalate the issue if necessary: If the property manager does not address the problem, consider contacting the condo association's board of directors or a higher authority, such as the local health department, to report the violation of the no-smoking policy.

Remember to remain calm and professional throughout the process. By presenting your case clearly and garnering support from other residents, you can work towards creating a healthier living environment for everyone in your condo community.

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