Can Condominium Associations restrict Smoking in the Common Elements?

Under Hawaii Condo Law, most condominium associations can prohibit smoking in the common elements. Hawaii Revised Statutes §514A-82(a)(9) states that the By-Laws must provide for the method of adopting and amending house rules detailing the operation and use of the common elements. Most By-Laws allow the Board of Directors to adopt house rules. That means that the Board can normally adopt or amend house rules regulating smoking in the common elements.

In addition, county ordinances may require associations to prohibit smoking in some of the common elements. The Honolulu smoking ordinance is located in Chapter 41, Article 21 of the Revised Ordinances of Honolulu. The Maui smoking ordinance is located in Chapter 8.20 of the Maui County Code. The Kauai smoking ordinance is located in Section 22-8.2 of the Kauai County Ordinances. The Big Island smoking ordinance is not available online, but is located in Chapter 14 of the Hawaii County Code.

Smoking in prohibited in elevators that are generally open to and used by the public in all counties. Smoking is also prohibited in enclosed or partially enclosed areas within the condominium that are open to residents (excluding the units) in all counties. These areas can include the lobbies, hallways, stairways and waiting areas. The counties define enclosed or partially enclosed areas slightly differently. In Honolulu and Kauai, an area that has one wall and one roof or overhand is enclosed or partially enclosed. In Maui, an area with a permanent or temporary covering including a roof, awning, canvas or overhand is enclosed or partially enclosed. On the Big Island, an area with a roof or overhang and at least two walls is enclosed or partially enclosed. "No Smoking" signs must be placed in the areas where smoking is prohibited by ordinance.

I discuss whether condominium associations can restrict smoking in the units in this article.

Revised 6/30/2005 to add information about Big Island definition of enclosed or partially enclosed and to include the link to the article on smoking in units.