smoking and our pool

Started by JimA19 • 7 replies • 336 views

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JimA19 (Georgia)
Posts: 54

Posted:

as a florida HOA can we prohibit smoking in our pool area

LetA (Nevada)
Posts: 2,679

Posted:

Smoking is Almost always a prohibition by the health department, so Yes you can and should. If someone violates it I feel that qualifies for a letter summoning them to a hearing and a fine levied.

SheliaH (Indiana)
Posts: 6,964

Posted:

On the other hand, the pool is a part of the association 's amenities for its residents - this isn't like a public pool in a park.

Talking to your health department is a great start- or you can go to your association attorney (did you do that already? If not, why not?). You might also consider polling your community if this has been suggested and get their opinions. If the smokers want to light up, they could suggest to keep the area clean of ashes, as well as some fool who tosses his or her butt in the water. And consider those who may be allergic to cigarette/cigar/weed/pipe smoke.....

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

AugustinD
Posts: 3,698

Posted:

A bit dated but likely still mostly applicable for Florida:

https://www.orlandosentinel.com/business/os-xpm-2013-02-01-os-can-an-association-prohibit-smoking-at-the-pool-20130204-story.html

KellyM3 (North Carolina)
Posts: 2,239

Posted:

You can pass a policy to "ban smoking" but it's a suggestion that will be followed by those who respect their neighbors and signage would be the reminder. In the real world, you'd need to be the pool nag to really enforce it with teeth.

MarshallT (New York)
Posts: 414

Posted:

Yes you certainly can, but if it currently allowed in common outdoor areas, then you may have to have a vote on the matter. I would recommend consulting with your attorney before you do anything else.

LoriM15 (Florida)
Posts: 1,009

Posted:

Our Florida HOA bans smoking in all common areas including the clubhouses, pools, and recreational facilities. This is outlined in our rules and regulations, which are set by a vote of the board and do not require a vote of the membership. Our CC&Rs gives the board the right to set the rules and regulations and make changes to the document without a vote of the membership. The OP should check their documents to see if the board can make this rule also. We don't have any issues with this rule, but if we did the board can fine the individual or take away their access to the common areas.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By MarshallT on 03/17/2022 6:17 AM
Yes you certainly can, but if it currently allowed in common outdoor areas, then you may have to have a vote on the matter.

What is your reasoning? In Florida and probably nationwide, a HOA/COA Board may create any rules that are reasonable for the use of common areas. A Board has the right to change rules, as long as the change is reasonable.

Per Florida COA Act and the Florida HOA Act, FS 718 and FS 720:

"The entity or entities responsible for the operation of the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common elements, common areas, and recreational facilities."

"The entity or entities responsible for the operation of the common areas and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common areas and recreational facilities."

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