The neatest method of adopting a smoking restriction in an HOA community is to include the smoking policy in the declaration when the association is initially formed. For already-existing associations, though, a new smoking rule will require an amendment to the HOA’s declaration. Typically, this involves approval by member vote, followed by recording of the amended declaration in the county land records. Amendment can require only a simple majority, a super-majority, or even unanimous approval of members – depending on the declaration and state law.
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