HOAleader.com - Tip of the Week - September 25, 2015
Published: Fri, 09/25/15
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The Trend Toward Condos Banning Smoking Grows
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In this week’s tip, we give you a heads up on a “butting” trend—associations snuffing out smoking.
A Michigan condo fire damaged four condo units, and the fire marshal blamed an owner who smoked on his balcony. And after two condo fires, a Canadian fire chiefs now wants owners who are carless when smoking to pay. Are these reports sign of a trend toward stricter condo rules when it comes to smoking?
As of August 2015, Nathaniel Abbate Jr., a partner at Makower Abbate & Associates PLLC in Farmington Hills, Mich., who represents associations, had been a nonsmoker for eight years and eight months (he’s counting). “I’m proud of it, and I know how obnoxious smoking can be,” he says.
So Abbate pays close attention to issues related to smoking, and he says he’s noticed more associations encroach on smokers’ rights. “I’m seeing associations ban smoking not just in common elements,” he says. “And the Michigan legislature, by the way, adopted the Michigan Clean Indoor Air Act and included condo common areas. They have to have no-smoking signs and so on, but that applies only if the provisions have been adopted by the county in which the condo sits.”
As you’d expect, Californians are also making smokers feel more unwelcome. “Absolutely, people are getting more adamant,” says David C. Swedelson, principal at Swedelson & Gottlieb, a law firm that represents associations in the Los Angeles area. “Our problems here are mostly second-hand smoke compliance, not from the condo fire perspective. But now that you mention it, I do hear people say, ‘He’s a big smoker, and we’re concerned he might fall asleep smoking in his bed and start a fire.’ I think it’s based on the fact that, especially in California, only 25 percent of the population smokes. That number used to be a lot higher. With more people not smoking, they’re being more sensitive to it.”
The trend in California is for municipalities to prohibit smoking in apartments and condos. “Santa Monica has one, and I see across the state that a growing number of municipalities are enforcing bans in multiunit buildings,” notes Swedelson. “The good news is that most municipalities aren’t requiring associations to enforce that ban—the municipality is enforcing it.”
Smoking restrictions in associations are gaining traction nationwide, contends David Firmin, a partner at Hindman Sanchez, a law firm in Arvada, Colo., with about 1,600 association clients. Read about that trend and how far you can impede smokers’ rights, in our new article: http://www.hoaleader.com/members/1244.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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HOA Rules on Owners' Smoking Beginning to Change
A Michigan condo fire damaged four condo units, and the fire marshal blamed an owner who smoked on his balcony. And after two condo fires, a Canadian fire chiefs now wants owners who are carless when smoking to pay. Are these reports sign of a trend toward stricter condo rules when it comes to smoking? Are condos coming up with new ways to regulate smoking in units or limited common elements? Should they? Here's the latest.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Rules-on-Owners-Smoking-Beginning-Change.cfm
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Building Codes: Should Your HOA Care What They Say?
In response to a recent HOAleader.com article discussing noise, a reader writes, "The International Building Code (adopted by almost everyone) has required a minimum amount of noise suppression between units (walls, floors, ceilings, etc.) in multi-dwelling buildings for more than 25 years, requirements related to both fire safety as well as environmental health. The HOA can require a higher level, but has a duty to make sure owners know about the requirements. It's the city's job to enforce the building code (like all laws), not a group of people on an HOA board."
Click here to read full article:
http://www.hoaleader.com/members/Building-Codes-Should-Your-HOA-Care-What-They-Say.cfm
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HOA May Be Killing Ducks. Should the Board Speak Up?
In this week's tip, we talk about killing wildlife.
Sounds awful, but wildlife can cause difficult and expensive problems. The topic arises because a Katy, Texas, HOA admits it has removed ducks from its grounds, much to the dismay of some homeowners. It happened in the Grand Lakes Homeowners Association. One homeowner told KHOU in Houston that recent minutes of the board said that in March, 66 ducks had been killed. The board didn't admit to killing the ducks to KHOU but did confirm the "lawful and humane removal of the ducks…because of overpopulation."
Click here to read full article:
http://www.hoaleader.com/public/HOA-May-Be-Killing-Ducks-Should-Board-Speak-Up.cfm
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Are This HOA Board's Wildlife Actions OK?
Though the HOA isn't saying much more, the board of a Katy, Texas, HOA admits it has removed ducks from its grounds, much to the dismay of some homeowners.
The question: When does an HOA need to step in to address wildlife problems? And how transparent should you be with owners on the solutions?
Click here to read full article:
http://www.hoaleader.com/members/Are-This-HOA-Boards-Wildlife-Actions-OK.cfm
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When to Charge Your HOA's Owners with Trespass. Really.
An HOAleader.com reader asks, "We have a voice [announcement] system that lets residents know the pool is closing. The third warning, without leaving the area, the police are called, they respond, and the violators could be charged with trespassing. When should the HOA file trespass charges against the violators? One violator moved the cameras so they would not view the pool area."
Click here to read full article:
http://www.hoaleader.com/members/When-Charge-Your-HOAs-Owners-with-Trespass-Really.cfm
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