Posted by John on July 14, 2000 at 10:26:07:
In Reply to: HELP PLEASE posted by Caroline Fass on July 13, 2000 at 22:21:47:
Common sense laws: The By-laws I assume are common sense laws, because some people can be difficult neighbors. If the board of directors voted to make the outside areas a no smoking zone, then we can all assume someone abused this right and now it is taken away.
Do they have the right to penalize you? Your state and local laws should be a huge indication of what is enforceable and what is not. Check with your local zoning laws and read the By-laws completely for penalties. Should you fight it? Ask if anybody else who has the same problem... Vote to repeal that law. Everyone paid for their apartment and should have voting right? try that.
After discussing it with fellow tenants make an appointment to see a housing court lawyer.
: I live in a private co-op which has 6 buildings. the board of directors just made a resolution and made it part of the by-laws that effective immediately there is a no smoking zone outside all the buildings up to the sidewalk. this means when i walk from my building to the next building (about 300 feet), i no longer can enjoy a cigarette. is this legal? the dept. of health said no, mark green's office said yes, my assemblywoman said its not enforceable, so which is it? can they make their own law? i can see inside each building but outside? please help. thank you. i also called the police and they said that if there is a no smoking zone, they must be authorized to give me a fine and they are not authorized to give me a fine. they cannot just take me to landlord tenant cout to start a holdover proceeding based upon i smoked if they dont give me a ticket. a ticket means i pay a fine. so is this legal?
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