Vacation condominium buildings are usually
completely smoke-free, and accept full time residents. |
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Inside Residential Units |
Non-smoking
Units |
CC&Rs can include paragraphs designating all units in an entire
building or a section as completely smoke-free. This would include all
owners, renters, guests, service or repair contractors.
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Smoking
Units |
It is advisable and legal to include in the CC&Rs that all
grandfathered units would be subject to any nuisance complaints from
other residents. If a complaint of health problems occurs due to smoke
passing into other units or down hallways the board can require the
smoking to stop. |
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Common
Areas |
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Indoors |
Most condo associations currently prohibit smoking in
all indoor common areas such as elevators, hallways and stairwells. |
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Outdoors |
Patios
Balconies
Courtyards |
Tobacco smoke is pulled back inside units through
doors and windows when smoking occurs on patios, balconies and in
courtyards near the building. |
Pools
Playgrounds
|
Children should always be protected from drifting
smoke in play areas. Toddlers will pick up cigarette butts thrown on
the ground and put them in their mouths, and carelessly discarded
burning cigarettes can burn the bottoms of their little feet. |
Mailboxes
Parking areas |
Smoking should be prohibited in common areas used by
non-smokers who have chosen to live in a smoke-free building. |
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The
Law |
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According to Attorney & former U.S. Magistrate
Judge, Jay R. Petterson
"If you decide to adopt a smoke-free policy for your
[condominium] building, be assured that this is not prohibited by law.
A smoke-free policy remains part of the inherent rights of one who
owns property {all owners in a condo association also own the entire
property} , and should be viewed as preserving the value of your
property and a protection of your (residents). |
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Liability |
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It would be advisable to check with your insurance
company for potential special rates when prohibiting smoking inside the
building. This can include the reduction of fire (life and property)
and health risks for all individuals. |
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Tax Exemption for Forced Sale |
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If you have owned your condo for less than the 24
month minimum to qualify for the tax exemption on profits from the
sale of the home, and are forced to move due to
health problems, you may be eligible for a
special exemption from the tax on any profits received. Please check
with a CPA for more information. |
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For sample CC&R amendments click
here. |
