The Carlsbad City Council has added Chapter 6.15 to the Carlsbad Municipal Code to ban all forms of smoking and vaping within multiunit residences and common areas located within the City. This means that, effective January 1, 2025, smoking or vaping of tobacco, nicotine, cannabis, or the like, will be prohibited anywhere within multiunit residential developments (e.g., condominiums, community apartment complexes, co-ops, etc.), including private residences, balconies, porches, decks and patios, and all common areas except for specifically designated smoking areas.

For common interest developments, this new law also requires the following:

• All CC&Rs that are adopted or amended after January 1, 2025 must include a provision stating that it is a material breach of the CC&Rs to allow or engage in smoking in any Unit and in any exclusive use common areas (e.g., balconies, porches, or patios).
• Homeowners’ associations are required to post and maintain “No Smoking” signs throughout the residential development.
• Homeowners’ associations are required to make reasonable efforts to investigate and enforce these smoking restrictions.
• Homeowners’ associations are required to distribute resources, which are provided for free by the City, to assist with nicotine dependence, such as referrals to online resources and a telephone helpline. 

More information regarding this new city law is available on the City of Carlsbad's website.

Our Firm is available to assist our clients with legal guidance to comply with this legislation. For associations who are not currently working with our Firm, but are interested in doing so, please contact Manager of Client Relations Diane Weissberg at 1-877-31FIORE or by email at dweissberg@fiorelaw.com for assistance.