Transcript Smoke-Free Opportunities in Condominiums and Coops

Smoke-Free
Opportunities in
Condominiums and
Coops
Change is in the Air
Description of Condos and Co-ops
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A condo owner owns the inside of the unit.
The condominium association is responsible for
the space between the walls and the outside of
the building.
The CC & R’s (Covenants, Conditions and
Restrictions) dictate how the association
operates and what rules owners must obey.
A co-op is owned by all of the owners. If all the
owners but one abandon the property, the last
owner has to pay the mortgage.
Condominiums Can Adopt
Regulations re Smoking
According to the website
http://davis-stirling.com/
 “Most associations already prohibit
smoking in enclosed common areas…”
 There is a move in many condominium
associations to prohibit smoking on
balconies….” (and patios)
 Some associations have banned smoking
in playground areas to protect children
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Real World ExampleThe Pasadena Collection
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New condominium building (60 units) in Pasadena built
around a courtyard with a hot tub.
Owners paid approximately $400,000 for a 2-bedroom,
2-bath small unit, some with balconies
Member of the Board contacted Pasadena Tobacco
Education Program and SFAHR because of tobacco
smoke drifting into his unit from the balcony below.
Surveys were conducted by Pasadena Volunteers and
Registry Staff.
Pasdena Collection Success
No smoking (anything by anyone) in
outdoor and indoor common areas, and
exclusive use common areas (balconies
and patios included) within the project.
 Owner must disclose these rules to
potential buyers, renters, and Realtors.
 Owners are responsible for the actions of
their residents and visitors.
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Additional Smoking Rules:
Pasadena Collection
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Drifting tobacco smoke from within a unit that
enters another unit is also prohibited and will be
enforced under the nuisance provision of the
CC&R’s.
Violation of any provision of the CC&R’s …may
result in fines.
Board of Directors has the authority and power
to enact rules and regulations …including a
schedule of fines which may be imposed after
notice and a hearing …..
Pasadena Collection Never Put
House Rules into Their CC & R’s
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BUT OCEANSIDE STORY
Patty lives in condo in large building in Oceanside
Elderly neighbor chain smokes; Patty is getting sick
Over several years Patty works with HOA Board to take
action about drifting smoke
Patty gets sicker and sicker
New Board President is an attorney. Agrees with Patty.
HOA passes a no-smoking policy for entire building
Elderly neighbor refuses to stop smoking in unit. HOA
gets an injunction to require her to stop smoking. Her
children move her and advertise unit in S-F bldg.
What do Realtors Think?
43 Realtors were surveyed in 12/04-1/05
 86% do not smoke
 More than half said condos with no
smoking in outside areas would appreciate
more than those without a policy.
 98% agree or strongly agree that condo
owners should inform potential buyers or
renters about rules related to smoking.
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What Do Realtors Think?
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58% of Realtors said that condo boards do not
have the right to regulate smoking inside units
even if the smoke is found to be bothering other
residents.
84% said condo residents have the right to
smoke in their units.
98% said non-smoking residents have the right
to be free from tobacco smoke inside their units
and anywhere inside the building (89%)
Only 36% agree that potential buyers or renters
should be informed about adjacent smokers.
How Can Existing Condominiums
Adopt Smoke-Free Rules
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The best way to begin is with a survey.
The Association needs to educate its members.
The Association can adopt smoke-free rules but
in California, a majority of the owners can
challenge those rules and require that they be
reversed.
The Smoke-Free Rules need to be added to the
CC & R’s and filed with the appropriate
government body. An attorney is needed to do
this.
CC & R’s - Covenants, Conditions
and Restrictions
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Visit www.smokefreeapartments.org
for copies of CC & R’s developed by an attorney
who specializes in condo law.
5 separate documents
buildings – common enclosed areas
 Existing buildings – outdoor common areas
 Existing buildings – exclusive use common areas
 Existing buildings – individual units
 New buildings – the whole enchilada
 Existing
How Can We Help Condominium
Owners Who are Suffering?
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Offer to provide material and/or do a
presentation to the Board
Point out that drifting tobacco smoke is not just a
problem for the person who is complaining or for
people who are sensitive. This problem can
happen to anyone as new residents move in.
For sensitive residents, condominium
associations need to provide reasonable
accommodations under fair housing laws.
How Can We Help Condominium
Owners Who Are Suffering?
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Explain that air purifiers don’t work.
Explain that remedial construction efforts are not
likely to be totally successful.
Urge the condo owner to research the CC & R’s
for clues about the definition of nuisance and
whether it can be applied to the problem of
drifting tobacco smoke.
Urge the condo owner to work toward changing
the CC & R’s or convince the Board to take
action.
Change is in the Air
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City of Calabasas has passed an ordinance
which requires no smoking in enclosed common
areas and outdoor common areas in multi-unit
residential housing. They have also defined
tobacco smoke as a nuisance.
In Mass., Court Upholds Eviction of Condo
Tenants for Smoking
A Co-Op in New York declared itself smoke-free.
CAI (Community Associations Institute) in Los
Angeles agrees this is an “emerging issue”.
For More Help With This Issue
Contact Esther Schiller
 Smokefree Apartment House Registry
 10722 White Oak Avenue, Suite 5
 Granada Hills, CA 91344
 818/363-4220 – FAX: 818/363-2260
 [email protected]
 www.smokefreeapartments.org
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