JohnH18
Posts: 17
Posts: 17
Posted:
Is smoking within the pool area prohibited by law or is it voted on by the residents?
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Smoking at the pool
Started by JohnH18 • 7 replies • 1520 views
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MicheleD
Posts: 4,427
Posts: 4,427
Posted:
Oh, goody!
I get to use my favorite all-time answer:
"It depends."
If your community has local smoking restriction laws that include private properties such as golf courses or swimming pools, then it is prohibited by law.
If your CC&Rs do not have it already included, then it may or may not be added as an amendment, which is then, in turn, voted on by the residents.
If your CC&Rs (or other governing documents) allow your board to develop rules and regulations for amenities such as common areas or swimming pools, then the board can create a "No Smoking" rule and it is not required to be voted on by residents.
Your first stop would be a review of local no smoking ordinances.
Your second stop should be a review your CC&Rs.
Your third stop should be a review of your HOA's Rules & Regulations.
I get to use my favorite all-time answer:
"It depends."
If your community has local smoking restriction laws that include private properties such as golf courses or swimming pools, then it is prohibited by law.
If your CC&Rs do not have it already included, then it may or may not be added as an amendment, which is then, in turn, voted on by the residents.
If your CC&Rs (or other governing documents) allow your board to develop rules and regulations for amenities such as common areas or swimming pools, then the board can create a "No Smoking" rule and it is not required to be voted on by residents.
Your first stop would be a review of local no smoking ordinances.
Your second stop should be a review your CC&Rs.
Your third stop should be a review of your HOA's Rules & Regulations.
DonnaS
Posts: 5,596
Posts: 5,596
Posted:
I'll also replt with "IT DEPENDS."
It can be added to your Rules and Regulations by a vote of the Board, with or without member input.. DonnaS
Posts: 5,596
Posts: 5,596
Posted:
replet means reply
AnnaD2
Posts: 943
Posts: 943
Posted:
Yes, Donna that is your "French" twist on the word.
I'd sure let people know, though, that such a rule is going to be put in place. I'm sure you'll get a lot of debate about it, and it would be best if you knew how the majority of people felt about it.
I'd hate to be the person who has to tell someone smoking at the pool that it is not allowed, if they're unaware of the rule.
I know we've had this debate before on other threads....so here we go again!
I'd sure let people know, though, that such a rule is going to be put in place. I'm sure you'll get a lot of debate about it, and it would be best if you knew how the majority of people felt about it.
I'd hate to be the person who has to tell someone smoking at the pool that it is not allowed, if they're unaware of the rule.
I know we've had this debate before on other threads....so here we go again!
DJ1
Posts: 791
Posts: 791
Posted:
Have you hand any complaints about second hand smoke, cig butts in the pool etc?
JohnH18
Posts: 17
Posts: 17
Posted:
DJ1,
we have had complaints. The problem is that a board member created a smoking area for themselves at the pool and has ignored complaints so far.
we have had complaints. The problem is that a board member created a smoking area for themselves at the pool and has ignored complaints so far.
GlenL
Posts: 5,429
Posts: 5,429
Posted:
Be a shame if they accidentally got drenched just as they were lighting up. 
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