My Mother has been in an Independent living Facility for 9 months (she owns the condo) and has been caught several times smoking on a "non- smoking" campus. She has been talked to and my brother called about the problem. She kept trying to quit but continued anyway to smoke. Now the Executive Director wants her out ASAP. But has not given her anything in writing. I have tried talking to him to give her another chance but he will not budge! Is this legal not giving her anything legally that she is required to vacate?

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I found this question intriguing and have been looking on line for answers - apparently condo associations do have the power to enforce their bylaws by evicting owners but the process isn't as simple as evicting a tenant from a rental unit, they might have to bring a suit against her. If she wants to remain at this place I think you really should get a lawyer involved.
Helpful Answer (1)
Reply to cwillie

Another - get something in writing.

Otherwise, how do you know that smoking on the premises is really grounds for eviction? The ED could just be blowing smoke up your skirt. Get it? Blowing smoke, hahahhahha

But I gotta say I’ve never heard of such a thing. I mean, how can they reasonably expect her to move until her condo sells?

Seems odd.
Helpful Answer (1)
Reply to Rainmom

I would think he'd have to give her a written 30 day notice of eviction by law. That could get sticky because she owns the condo.

If I were you, I'd talk to an attorney about this. She is breaking the rules of living there, however, she owns the condo.

What makes you think she'd quit smoking this time if she's been caught several times before? (You must be a non-smoker.) I've taken care of patients dying from lung cancer that still smoked. Hard habit to give up.
Helpful Answer (0)
Reply to SueC1957

Wait for a paper notice. Usually it would be served by hand or mail requiring a signature. It will give her a couple of months longer but an eviction could happen. What do the contracts say? A condo with a resident not following rules has a more complex issue that may require a special lawyer
Start looking for a new place. Some ILs will allow outside smoking. She may have to look for a complex with an apartment on the ground floor that she can step out of the back door.
Helpful Answer (1)
Reply to MACinCT

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