California Highrise - owners smoking in common areas

Hello

Not sure if it matters but if so, the common area in question is an outside walkway that has no foot traffic outside of the smokers who smoke in that area, I would say the "smoker section" is 30-40 feet away from the main entrance.

The issue:
We used to allow residents to smoke in a corner of a common area, ashtray and all. Until one day homeless people started to take the butts out of the ashtray and finish smoking them, flick them all over our common area and do everything else homeless people do. Sleep, urinate, drugs, leave trash, etc.

We then removed the ashtray to fix the homeless problem and since then a couple of non smoking residents started to complain about the smokers in the "smoking section".

We recently changed the rules to say "no smoking in common areas" instead of "smoking in designated spots only" and posted no smoking signs in the old "smoking section".

A couple of the smokers continue to smoke there though, they claim that if they have to smoke off of the property, the next logical place to smoke is the city sidewalk which has heavy foot traffic from other residents.

Options
1- Force the smokers to not smoke in common area which means they smoke on the sidewalk which would make it so all of the residents need to walk right by them if they are smoking.
1a- Ask them to walk around the block when they smoke - doubt they would do this. I used to smoke and i know i wouldnt walk around the block.
2- Allow them to smoke where they where, in the corner of the common area. but we have a rule that says they cant.

So option 2 it is i guess?

Due to due process in california, we would have to give notice for each infraction correct?

i.e.
complaint comes in... warning letter.... another complaint... hearing and fine? So two violations to get a fine.. then the process repeats? or can we just fine them at this point?

what if the smokers smoke more than one time a day? multiple fines? or does a complaint need to come in for each and every smoke break?

what can we do if the smokers just continues to smoke and pays fines? Im assuming they can afford the fines. Is court an option or?

Thanks!

We're an urban high rise. We banned smoking in all of our common areas, exterior included, a few years ago.

Some smoke on their balconies as we did not ban smoking on them. Some smoke on the city sidewalks just outside our buildings. None smoke near the entrances and I think you can look up to see if there's a CA law banning smoking anywhere near an building entrance. 25 feet?

When you make your new rule, yes, you must follow the procedure in CA as outlined at Davis-Stirling.com, Main Index, Rules (I think). You must propose it first at a board meeting, then mail it our t for a 30-day Owner comment period, etc.

Your board can create the rule and the fine schedule to go with it anyway you wish, basically. I'd say, warning letter for only the first time, then letters of calls to hearings with a potential fine for each violation. I'd say double the fine for each infraction, but you must craft your fine schedule accordingly. Call 'em to hearing every month. If your first fine starts at $50 it won't take long with doubling to reach a point where they won't want to pay it any more and will move off the premises or to their own units.

If your CC&Rs say so, you also can remove their common area amenities from them for repeat violations.

We do, per our own Rules & Regs, send a warning letter first and a call to hearing for the 2nd violation.

Are you on the board, Dan? Wait, do you also prohibit smoking in units and on units' balconies/decks?

In CA, It's hard to imagine anyone who's not accustomed to smoking off the premises. It's also hard to imagine that you, nowadays, have so many smokers that smoking on the sidewalk many feet from your entrance would be a problem for non-smokers.

good luck!