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JamesS4
(Washington)
Posts:1
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| 04/09/2007 11:48 AM |
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| I am a new owner in a mixed use condominium complex in Bellevue Washington and am just beggining to realize the complexity boards have in trying to balance the rights of all the owners. I am looking for information regarding how condominium complexes typically address smoking outside in common areas. I have a small child who is constantly subject to second hand smoke when outside in the common areas and therefore I would like to explore the possibility of asking our board to ban smoking in all common areas including the outside common areas (our board is currently putting together official house rules and has asked for input). My inclination is that the fewer rules the better but as this is a potential health issue I was wondering whether my request for a such a ban is reasonable or is it rare that a condominium board would pass such a rule? If there is no ban in the CCRs/Bylaws would a board typically have the right to enact such a rule or is this something that would be better suited as a resolution/change in the legal documents where owners would have the right to vote? Any assistance/guidance would be appreciated. |
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BradP
(Kansas)
Posts:2491
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| 04/09/2007 12:21 PM |
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James:
I can't speak specifically to condos, but in our HOA, our docs give the board the authority to adopt rules and regulations for the common areas that we feel are in the best interest of the residents and the association.
Could you adopt this, I think legally you could since the common area is controlled by the board. Is it the right move, that is dictated by your community, I don't know if we can answer that. |
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RogerB
(Colorado)
Posts:4686
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| 04/09/2007 1:14 PM |
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| James, your request seems reasonable to me - if ventilation is restricted. I believe there was a case won in Colorado to stop smoking in a condo because there was a common ventilation system. |
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JanM
(Texas)
Posts:142
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| 04/10/2007 7:33 AM |
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Key word here-outside. Heat, including smoke, rises into the air. Being a common area, all owners pay dues that upkeep those areas. So the way I see it, smokers and non-smokers are allowed in these common areas. The evidence of second-hand smoke is not conclusive, just like global warming.  |
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JeanW2
(California)
Posts:8
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| 04/10/2007 6:04 PM |
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Hi James,
"I have a small child who is constantly subject to second hand smoke when outside in the common areas..." what does this mean, exactly? Are your common areas so small that your child cannot possibly escape a significant amount of smoke? By significant I mean, is someone sitting on a bench 10 feet away from your child significant?
Have you tried asking the smokers to not smoke around your child or please move to another part of the common area(s)?
Is it feasible to have designated smoking areas? For example, if there is a children's play area, that should definitely be designated as a non-smoking area. I think this would be the most viable solution, personally.
I live in Northern California - the Mecca of non-smoking ordinances. I can tell you that once you open that can of worms of absolutely no-smoking outdoors, you will be barraged with people countering with no perfumes, after shaves, pet dander, etc. Seen it more than once.
You have every right to protect your child's health, I would simply suggest trying all alternatives before asking for an outright ban.
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PWells
(Washington)
Posts:30
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| 05/18/2007 4:05 PM |
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I completely understand where you're coming from. Remember Washington State has the new 25 feet away from main entries smoking law. I'm not to far from your area. I'm down in Kent. Which so far does not have that problem... yet. You can recommend the Board includes the new state law. It does not mean that it will be excepted. I've hear there has been discussion in Olympia about applying this law to condo HOA's and apartment complexs.
-PWells92 |
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MaryP1
(Washington)
Posts:3
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| 09/03/2007 8:45 AM |
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| We have restricted smoking in the common areas due to the potential fire hazard with the dry gardens. We have not restricted smoking in the parking areas. We will be adding the restrictions to our general rules. We are also in Bellevue. We have not really considered how the Washington ban would apply, but I expect our current restrictions would meet the requirements. Compliance has been good. Now if we could get the petowners to use the doggie bags life would be great! ha! |
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MicheleD
(Kentucky)
Posts:4491
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| 09/03/2007 5:27 PM |
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Jan: The evidence of second-hand smoke is not conclusive,
yes it is conclusive. Whether you chose to believe the reams of studies is another question altogether, but it is conclusive, even the tobacco companies acknowledge the dangers of second-hand smoke.
However, an outside area is not generally deemed an area of critical exposure to second-hand smoke, so it could prove difficult to justify and outdoor ban on cigarette smoking.
If the common area is an enclosed building, maybe so.
But unless the Original Poster's city or municipality already has an existing smoking ban, it might be difficult to enact one at the HOA level.
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