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No Smoking Policy |
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Due to increasing and well documented health concerns related to the
effects of second hand tobacco smoke on non-smokers and physical assets,
numerous businesses, governments, apartments and
homeowner associations are adopting strict no smoking ordinances. Some HOAs have even enacted total bans on smoking, even
within the homes/units. For more details on the history and legal
background of this issue, see
The Smokefree Apartment House
Registry. While restricting smoking within a home or unit is
more difficult, unless it can be proven that related smoke is affecting
the health of neighbors, banning smoking within certain common areas is
not. Here is a sample you can adapt to your homeowner association's
use. |
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Nottacare Condominium WHEREAS, the harmful effects of second hand tobacco smoke (also known as Environmental Tobacco Smoke) on non-smokers have been convincingly documented; and WHEREAS, the Board has the duty to protect residents from known health risks within the homeowner association; and WHEREAS, tobacco smoke damages common area assets such as paint, walls, carpets and furniture; and WHEREAS, Article ___, Section ___ of the Nottacare Bylaws prohibits offensive behavior by residents, BE IT THEREFORE RESOLVED that the following rules apply to tobacco smoking in certain common areas of Nottacare Condominium and is hereby adopted by the Board of Directors on the 1st of April 2004 and shall be added to the Resolution Section of the Rules, Regulations & Resolutions: a. No resident, guest or business invitee (including contractors, agents, household workers or persons hired by the owner or resident to provide a service or product) shall smoke tobacco products in the common areas including lobby, stairwells, elevators, hallways, manager's office, meeting room, clubhouse, pool, spa, locker rooms, sauna, parking garage, supply, storage and equipment rooms. b. Smoking shall be permitted within all other areas of the condominium unless it unreasonably annoys other residents. Smoking residents shall take all reasonable precautions to ensure that smoke does not permeate beyond the boundaries of the unit including installing weatherstripping, air purification and other smoke inhibiting systems. The Board may prohibited smoking within the offending unit upon written notification to the resident (or the unit owner, if the resident is a renter). All remedies for compliance may be pursued by the homeowner association as if the smoking was any other nuisance prohibited by the governing documents. c. Any owner who sells a unit shall specifically disclose to all buyers and real estate agents that smoking is prohibited within the listed common areas. d. Any owner who rents or allows someone other than the owner to occupy the unit shall disclose that smoking is prohibited in listed common areas prior to their residency or occupancy. e. Unit owners are responsible for the compliance of this policy by persons residing within or visiting the unit. Fines & Penalties. For the first violation, the fine is $100. For the second and subsequent violations, the fine is $200. The homeowner association may enforce collection of fines by the regular Collection Policy. Legal Action. The No Smoking Policy may also be enforced in a court of law by any resident or the homeowner association and either shall be entitled to recover attorney fees and costs incurred, whether or not litigation has been commenced. The homeowner association may recoup attorney fees and costs through a assessment levied against the unit owner and/or a lien, if necessary. Right of Appeal. Appeals must be received in writing by the Board of Directors within 7 days of the written notice to the unit owner. If the violation is caused by a renter or his guests, the appeal must be made by the property owner. Once an appeal is received, the Board will schedule a meeting as soon as possible and no later than 14 days to review the matter with the unit owner. No further legal action will take place pending the outcome of the appeal. If the Board does not schedule a meeting within 14 days as required, the matter may be considered dropped. The Board’s decision on the appeal is final. If the appeal is rejected, the violation notice becomes effective three days following written notification to the unit owner. DATED this __________ day of _________________, 201__. ATTEST:
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