Homeowner associations have the right to amend their CC&Rs to prohibit smoking in the common areas of the association, in patios, and on balconies. Such restrictions do not violate a person's civil rights as the right to smoke is not guaranteed. Some homeowner associations even prohibit smoking inside the private homes because smoke can transfer from one unit to adjoining units. Smoking creates a fire risk, a health hazard, and a nuisance. Such a prohibition is likely to increase the value of homes within your HOA as more and more buyers are seeking smoke free buildings. An attorney can draft a proposed amendment to an association's CC&Rs that would prohibit smoking in defined areas.

California has limited smoking bans that apply to the entire state. In addition, the following cities and counties have limited smoking bans as of 2022: Alameda, Belmont, Berkeley, Beverly Hills, Burbank, Calabasas, Davis, EI Cajon, EI Cerrito, Escondido, Glendale, Hermosa Beach, Loma Linda, Long Beach, Los Angeles, Marin County, Oakland, Palm Springs, Pasadena, San Diego, San Francisco, San Jose, San Luis Obispo, Santa Barbara, Goleta, and Santa Monica. Other cities and counties may be added. Associations can amend their CC&Rs to create smoking bans that are more strict than local governments.