I received a notice yesterday from my HOA that my smoking cigarretts is causing an odor nuisance, and that I must stop this nuisance within 10 days, or write to them reguesting a hearing. I own my condo in Colorado, and smoke only outside on my patio which is my property.This is not a "no smoking" condo development. I make attempts to smoke while I am out for a walk, but I am physically disabled, and this is not always possible. Do they have a right to pursue a fine or legal action against me, or even require me to attend a hearing ?
Unfortunately, the answer to your question can only be determined after a review of your HOA bylaws.
If you intend to fight this you should give consideration to hiring an attorney to represent you through the hearing and possible appeal process.
Good Luck,
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