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CONDOMINIUM ASSOCIATIONS
Smoking reduces house value by 30%, realtor survey suggests

Smoking Inside Residential Units
Smoking in Common Areas
Smoking and The Law
Smoking and Liability
Tax Exemption for Forced Sale due to health problems
Sample Smoke-Free CC&R Addendums

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.
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
Indoors Most condo associations currently prohibit smoking in all indoor common areas such as elevators, hallways and stairwells.
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
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
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
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.
Environment Tobacco Smoke in Condominiums
Vacation condominium buildings are usually
completely smoke-free, and accept full time residents.
For sample CC&R amendments click here.

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MAKEOVER?


"But now God has shown us a different way to heaven - not by "being good enough" and trying to keep his laws, but by a new way (though not new, really, for the Scriptures told about it long ago). Now God says he will accept and acquit us - declare us "not guilty" - if we trust Jesus Christ to take away our sins. And we all can be saved in this same way, by coming to Christ, no matter who we are or what we have been like. Yes, all have sinned; all fall short of God's glorious ideal; yet now God declares us "not guilty" of offending him if we trust in Jesus Christ, who in his kindness freely takes away our sins." Romans 3:21-24 Living Bible
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