The Villages at the Streets of West Chester Home Owners Association recently enacted a new no smoking policy, which includes inside our own homes and on our balconies.  The newsletter for November 2024, found on the owner portal, introduces the policy as follows:

“A new no smoking policy has been implemented in our community. This policy prohibits smoking, of any kind, in both indoor and outdoor spaces.”

As an individual who believes home is a personal space, I find myself impeded by the strict smoking ban imposed by our Home Owner's Association (HOA). The ban is not only prohibiting residents from smoking outdoors but also inside their own homes and on their balconies. 

The beauty of having a personal space, a home, is being able to inhabit it freely based on personal lifestyle choices, as long as they are within law and common decency. It appears our autonomy is being undermined by the comprehensive smoking ban. Not only do we see this as an invasion of our personal rights, but we also question the level of control one governing body should have over our private spaces.

According to the American Civil Liberties Union (ACLU), “Protecting Personal Privacy in Your Own Home” is a fundamental right that local regulations should consider before imposing overly restrictive rules. Upholding this right should be a priority for our HOA board.

Additionally, this ban is legally unenforceable. The Ohio State Code for Smoking Ban Title 37 Chapter 3794 Section 3 parts A & F reads as follows:

“Areas where smoking is not regulated by this chapter.

The following shall be exempt from the provisions of this chapter:

(A) Private residences, except during the hours of operation as a child care or adult care facility for compensation, during the hours of operation as a business by a person other than a person residing in the private residence, or during the hours of operation as a business, when employees of the business, who are not residents of the private residence or are not related to the owner, are present.”

“(F) Outdoor patios. All outdoor patios shall be physically separated from an enclosed area. If windows or doors form any part of the partition between an enclosed area and the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If windows or doors do not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.”

This petition calls for the HOA board to remove this invasive rule and respect individual rights to personal freedom in their own homes.

Please, join me in raising your voice against this intrusive rule and invite the HOA board to reimagine a more respectful, less invasive approach to community guidelines. Sign this petition today!