smoking or non smoking quesiton

Our annual meeting is just a week from Thursday. I have the treasure's report that owners are to receive at least 7 days before the meeting. The President asked me today if I could also send information that we will vote on making this a non smoking facility with the treasurer's report. AAAAGH I told her that it is to late to send something like this out it takes a lot of work to prepare proxies and off site owners may not have time to get the proxies back to us.

Currently the only thing regarding smoking in our documents is that people can not smoke in the common area. This no smoking in common areas is in our guideline for owners. I don't think our other documents mention anything about smoking.

Our President asked me if we needed to amend our documents to prenvent smoking in individul units. I really don't know, but I don't think we would have to since to my knowledge smoking is not mentioned in our Master Deed or By Laws.

What is your thinking on this?

Personally, I don't think smoking should be banned in one's own residence. I am not a smoker and I am not a reformed smoker. I just believe that what a person does on his own property, providing it's legal, is their own business.

That said, I do understand the concerns when you're in a condominium (smoke annoying neighbors, smell, perhaps an argument for increased potential fire concerns, etc.). Therefore I suspect if you're going to do it you will need to amendment to the CC&Rs (vs. any other document) and you may need to grandfather current smokers.

Tim that is what I am thinking that we need to amend our documents. Which I don't think the President realizes that is basically impossible to do especially at this late date. We need at least 2/3 of all owners approval and last year we only had 66% attending the annual meeting. We know the smoker will vote no. Our lawyer did advise us that we can prevent smoking in the entire building. And the current only smoker would be grandfathered in.

We just need to know what portion of the documents (WHich article) to amend. That will take some studying.

SOmetimes I think our President doesn't realize all the work involved in preparing for an annual meeting even though she used to be Secretary, But I think almost all she did was type the minutes. I know for a fact she didn't read the documents. Even know I have to explain to her what our documents contain.

I would suspect whichever article in the CC&Rs that discuss "use restrictions"


We use a timeline.
If something isn't in by close of business on x day, then it isn't part of the meeting.

Is the nonsmoking proposal coming out of the blue?
I ask because we actually have a board vote on proposals prior to bringing them to the membership.

"this a non smoking facility"

If you are talking about the inside of people's living quarters, I think you may be whistling into the wind unless local or State codes prohibit that. You could probably extend your ban to the inside of any of your structures that are on common or other Assn owned properties. If your properties are attached and have outside decks you might be able to include them also. Nothing as pleasant than to have you downstairs cigar smoking neighbor share his putrid smoke wafting up into your deck area. Let him smoke his brains out INSIDE his smoke infested living quarters.

Paul T

Thanks for all the replies. Our Article 6 of the Master Deed deals with "use and conveyence (I know spelled incorrectly) of the property which requires 100% to amend. I am thinking it may be easier to amend the BY-Laws.

The smoking problem has been discussed many times in Board meetings, but we felt we could not ban smoking inside a person's unit at this time.

I personally don't care if a person smokes inside their own unit. What I do care about is smoke permeating the common areas and smoking in our common areas is prohibited. We are considering fining if smoke permieated the common areas.

A lady who still owns but no longer lives here smoked in her unit, but she had some kind of a filter so that the smoke did not invade the common areas.

One non smoking owner even had smoke permeated her bedroom at least once.

You may want to explore erstablishing a "suplemental" rule, if permited in your governing documents, which in our case, only need Board approval.

Yes, I have in been in units where smoke from the adjoining units permanates into our unit. Tough nut to crack, about the only way is to get a killer window mounted A/C wnit and just run the blower to slightly pressurize your unit.

Paul T

Amending "By-Laws" will not do anything. By-Laws just outline how the HOA will function (Meetings are on Tuesday at 4PM, etc.) Covenants are the key and admending those takes a vote of Owners, Not renters, ranging, in my HOA board experience, from 66% (2/3's) of owners to 100% with 75% being the most common.

Anyone who moves in and see's this in only your By-Laws will have a laugh and take the HOA to court. If yoy play your cards right the HOA could end up on the national news with protesters outside protesting infringement of there individual rights by (Big Goverment, Big Brother, Big HOA....whatever

Ed