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I own and rent out a condo unit, and also serve on the condominium's governing Board. A few years ago, we changed the rules to prohibit smoking in common areas, including exclusive-use common areas such as patios. There has been recent discussion about amending the bylaws to prohibit smoking everywhere, including within individual units. This would approval by a super majority of unit owners. A number of owners said they would support this, because smoke can and does drift from one unit to another.
Has anyone here lived or owned in a community that passed (or unsuccessfully tried to pass) something like this? I am curious about any lessons learned.
I'd look into whether or not it would be binding on existing owners who don't vote for it. They might be grandfathered.
Thanks. Yeah, we will take that into consideration and consult with our attorney
If we do have a grandfather provision, I still would like some type of requirement that owners who smoke need to take steps to avoid/minimize drifting smoke, such as installing air filtration systems, etc.
My building prohibits smoking in the common areas, but individual units and balconies are fair game. This sucks as I like to have my balcony doors open for the breeze, but I'll have to smell my downstairs neighbor's smoking when she's out there a few times a day. Now, I think that prohibiting smoking within individual units would be going too far, but that's only as things apply to my building as building ventilation/construction makes sure that the smoke doesn't permeate the walls.
My building prohibits smoking in the common areas, but individual units and balconies are fair game. This sucks as I like to have my balcony doors open for the breeze, but I'll have to smell my downstairs neighbor's smoking when she's out there a few times a day. Now, I think that prohibiting smoking within individual units would be going too far, but that's only as things apply to my building as building ventilation/construction makes sure that the smoke doesn't permeate the walls.
Unfortunately, the buildings in my complex are constructed in such a way that smoke can and does drift into other units. For this reason, a number of owners said they would support on outright ban.
I don't know the process of changing the by laws, but I do know that for my next home, likely to be a condo when I downsize in retirement, having a non-smoking building would be a huge selling point. Might be worth checking with some local real estate agents to see what they have to say in terms of how such a ban might affect value and ease of resale, as that info might help persuade people if it turns out that others besides me would consider it a positive feature.
State law is a huge part and you need to consult your HOA management attorney to see if a ban is even legal. If it is allowed then you need the percentage of unit owner votes as specified in the bylaws to pass. Usually it's 3/4 of the homeowners (not renters, unit owners only).
I don't know the process of changing the by laws, but I do know that for my next home, likely to be a condo when I downsize in retirement, having a non-smoking building would be a huge selling point. Might be worth checking with some local real estate agents to see what they have to say in terms of how such a ban might affect value and ease of resale, as that info might help persuade people if it turns out that others besides me would consider it a positive feature.
One of the unit owners is also a realtor, who has sold units in the complex, and says that enacting a smoking ban would only help improve our property values.
If we do have a grandfather provision, I still would like some type of requirement that owners who smoke need to take steps to avoid/minimize drifting smoke, such as installing air filtration systems, etc.
Quote:
Originally Posted by stephen n
Unfortunately, the buildings in my complex are constructed in such a way that smoke can and does drift into other units.
The proper thing to do, if a smoking ban is enacted and current owners grandfathered in, would be for the condo association to foot the bill for some kind of air filtration system, since it seems the units are poorly constructed in the first place.
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