We are a group of condo owners,
or former condo owners, who have been harmed by tobacco smoke drifting into
our homes from that of a neighbor.
We now realize the laws in most states
permit condo associations to choose whether their properties should be partially
or 100% smoke-free. The ideal is for all associations to recognize the
need for smoke-free buildings and common areas for those who choose to live
in a smoke-free environment, and for those who require smoke-free air to
survive. Buildings can and should be separated into, and designated
as, smoking and
Please be aware that, although it is
legal to have a smoke-free condo building, it is still rare to see a board
or association make the needed changes.
If you are suffering from illness due
to the smoke, and cannot convince your association to enforce the nuisance
clause or change the CC&Rs, we advise you move as soon as possible. Your
health should be your number one priority. It will take us years to educate
condo associations and developers on the need for smoke-free living.
QUESTIONS REGARDING THIS INFORMATION CAN BE
JACQUE PETTERSON of Smoke-Free Housing Consultants
IF YOU HAVE A
PROBLEM WITH TOBACCO SMOKE DRIFTING INTO YOUR CONDO (or apartment) HOME,
PLEASE, CONTACT YOUR LEGISLATOR TO LET THEM KNOW. THEY WILL NEVER
KNOW THIS IS A PROBLEM TO BE SOLVED IF THEY DO NOT HEAR FROM YOU.
Please use the information below to help you
educate your association or manager on their legal right to have smoke-free
buildings to protect the health of their residents. Many
times it is simply a misunderstanding of the laws, and our literature may give them
the boost they need to make this positive change.
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(Alliance for the Protection
in Apartments and Condos)
* THE SMOKE FREE
AFFORDABLE HOUSING CAMPAIGN
in Los Angeles, CA,
(They are actively requesting that 50% of the affordable housing built
with funds from the newly created "Affordable Housing Trust Fund" be
100% smokefree inside and out. Ten percent of the funds that will
be used for the trust fund are scheduled to come from the Master
Settlement Agreement (tobacco lawsuit).
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4/04: A condo owner from San
Diego in a large building has requested information. She believes
due to the small number of smokers in the building the association will
want to make the transition to smoke-free status.
2/15/04: We have received a request from an HOA in Seattle, WA, for
information on how to have a smoke-free condo association. I
consider this a success in that they are asking the right questions.
2/9/04: According to Esther Schiller
of the Smokefree Apartment House Registry in a condo association in
Malibu, CA, the Board is fining the owner who is smoking outside and
causing a nuisance to another owner.
2002: A condo
association in Studio City, CA, create and filed the necessary documents to make their property 100%
smoke-free (guests are grandparented in until ownership changes);
2002: We assisted one condo
(time-share) in Corpus Christi, TX with information that led to the
creation of a smoke-free section (8 out of 12 adjoining units are now
Corpus Christi, TX, condo owner explained to me that her asthma is so
severe the expoure to tobacco smoke had actually caused her to stop
breathing twice at which time her husband, fortunately a paramedic, had
revived her and taken her to the hospital for immediate treatment.
People were smoking inside the units, and
they were unable to use the condos. Her husband, on the Board of
Directors, discussed the problem with other owners and found the
percentage of smokers to be small, and it was agreed there would be a
change in the rules. They chose to make four corner units the "smoking
section," and declared the remainder of the property as 100% smokefree.
They then moved all furniture, bedding, draperies, etc. that had been
contaminated by the smoke to those four units.
They believe everyone is very
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