As sympathetic as I am about policy to reduce smoking, as long as it's legal, I see no way a homeowners association ought to try this:
A homeowners association of an affordable-housing complex is considering banning cigarette smoking in its 92 privately owned condominiums.Some residents have argued that a ban would set a dangerous precedent for infringing on civil liberties and possibly violating the constitutional right to privacy.
Fred Peirce, attorney for the homeowners association's board, has been preparing a legal argument that could support a ban. Board President Ed Cross told residents in a letter this week that legal precedent has stated that smoking is not a constitutionally protected right.
Aspen Fire Marshal Ed Van Walraven recommended that the housing complex ban smoking after a fire caused by a smoldering cigarette in June destroyed 10 apartments in another affordable-housing complex.
The proposed ban could be brought to a vote of homeowners at a December meeting.