The Smoker’s Dilemma with Dennis Eisinger of Eisinger Law

Take It To The Board with Donna DiMaggio Berger

May 11 2022 • 36 mins


In this episode of Take It to the Board, host Donna DiMaggio Berger speaks with Dennis J. Eisinger, who founded Eisinger Law in 1996 and serves as the firm's managing partner. For the past four decades, he has represented all types of community associations throughout Florida, as well as developers, financial institutions, and private equity clubs. He's Board Certified in Condominium and Planned Development Law by the Florida Bar and is an Adjunct Professor of Law at the University of Florida's Levin College of Law.

Dennis has also carved out a unique niche in community association law: smoking. He and Donna discuss how to deal with this increasingly restricted behavior in terms of common areas and neighbors.

Highlights Include:

  • Can one treat marijuana smoking differently than cigarettes, pipes, vaping, and e-cigarettes?
  • Should existing smokers be grandfathered in when it comes to an amendment imposing a smoking restriction? If so, how?
  • Smoking can be a very divisive topic in a community, particularly for the people who are impacted by second-hand smoke. What options do residents have to combat second-hand smoke if amending the documents is not an option?
  • Who is the protected class, smokers or those affected by second-hand smoke?
  • Should a board always get involved when two neighbors are arguing over the issue of second-hand smoke or should that intervention be evaluated on a case-by-case basis?
  • What role can legislators play?
  • If an owner does have the ability to bring a lawsuit against a neighbor for excessive second-hand smoke, what would the legal causes of action be?
  • What is the role of one-on-one communication between neighbors?
  • Can the American Lung Association help communities that are looking to become smoke-free?

Helpful links: