Smoke that drifts from one area of association property to another is a nuisance. This includes tobacco smoke, marijuana smoke, BBQ smoke, etc. Associations have a duty to enforce nuisance violations and should require the violating person to abate the nuisance. Developments in both case and statutory law support an association prohibiting or restricting smoking in common areas, exclusive use areas and even inside units.
Secret Ballots
Certain votes must be conducted by secret ballots, such as elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, and amendments to the governing documents. Unless an exception applies, the grant of exclusive use of the common area shall also be held by secret ballot. Secret ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member at least 30 days prior to the deadline for voting. The ballot itself must not be signed, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed and signed. The secret ballot must be returned in the two envelopes to the inspector(s) of elections. Members may request receipt for delivery. See California Civil Code section 5115.
Solar Energy Systems
Because public policy favors the use of solar energy, associations may not prohibit the installation of solar systems on separate interest property, nor may they restrict the installation of such systems except as authorized by Civil Code sections 714 and 714.1. Associations may restrict the installation of solar systems in and on the common area.