Smoking at the Pool area

Alex,
Simple answer. Restrict the smokers to the down wind side of the area. Florida has smoking laws except in outdoors facilities so you have to make accomidations for both.

Alex:

I guess I see things a little differently...the pool is common property owned by the HOA. Most documents give the board the authority to make reasonable rules for the common areas. If this is an issue in your community I would think your board has the right to restrict smoking, even if it is an outdoor venue. There are a lot of outdoor sporting stadiums that do not allow smoking or restrict it to certain areas.

Gerald,
I am not sure that the Statewide ban includes private entities such as an association property, which is considered private. But I think that IMHO it is the right thing to do, to allow a restricted area outdoors in the pool area for the smokers even tho I dislike smoke immensly.

JC3 - Opinion aside, if smoking in a pool area isn't the best example of the appropriateness of the association to try to legislate behavior that factually will harm it's resident's, I don't know what example is better. However, it's a sensitive matter for all involved, a very worthy debate, and the law is the law.

Brad, The private property is owned in part by them--the smokers. Yes, the Board has to make the decision. Suppose 4 or 5 board members are smokers?

Anyhow, below is from a Fl website on the smoking ban.

Smoking IS allowed , but not required to be permitted, in the following places:

1.) Stand-alone bars that meet nine criteria, notably:

a) No more than 10-percent gross revenues are derived from food consumed on the premises

b) Not located within, and not sharing any common entryway or common indoor area with, any other enclosed workplace

2.) Retail tobacco shops

3.) Designated guest sleeping rooms in motels and hotels

4.) Outdoor patios and decks that are less than 50-percent enclosed

5.) Certain nonprofit organizations in leased spaces for non-commercial activities

6.) Smoking-cessation programs approved by the Florida Department of Health

7.) Medical or scientific research facilities

Smoking is NOT ALLOWED in Florida in all the following public workplaces:

1.) Any enclosed, indoor workplace, including hallways, corridors, lobbies, conference rooms, aisles, water-fountain areas, break rooms, restrooms, stairways and entryways.

2.) Charitable, nonprofit or veterans organizations that have an employee

3.) Restaurants

4.) Hotel lobbies and common areas

5.) Country clubs

6.) Prisons

7.) Bowling alleys

8.) Movie sets, theatrical performances

9.) Family Care Homes (private residences during commercial use for child care, adult care or health care)

10.) Airports, except in controlled lounges that meet certain tests for ventilation

We have a designated smoking area at our pool and "cup" type ashtrays are made available. Most smokers these days are more consious of where they smoke and disposing their butts. Being a smoker is a choice, and legal, same as drinking achohol and eating Big Macs everyday. I don't see anyone "beating up" on those people.

People eating Big Macs doesn't pollute the air you (and your children)breathe with hundreds of toxic, cancer causing chemicals, and basically affects only the body of the person eating it. Same with alcohol, and that won't affect you either, unless they become drunk and disorderly, then there's another set of problems. But even there, you can more easily remove yourself from that drunk person.
Because smoke drifts, even if one section is set off for smokers, those chemicals easily make their way to other areas.

I think that any attempt to make any outdoor area smoke free will not be legal as the common area is also owned by the smokers. A designated area downwind is a better solution. Don't forget as I stated, this is private property and does not fall under state guidelines and laws.Personally, I would like to see all smokers have to smoke only in their own homes but that will never happen.

Wayne,
I appreciate your response. The only thing that I can add is that this is Florida. The wind blows the same way almost every single day. Ocean and Gulf give us that edge. But you are right in most all cases.

Why not poll the membership and do what the majority wants?

Yes, I think the best solution would be to poll the membership..... I doubt, though, that many would respond but at least they would have had a chance to.