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Outside the Clubhouse are ‘smoke’ and ‘no smoke’ signs. Also at associations and on an elevator. Do associations add regulations to their bylaws? How far do they go! I don't like smoke or signs.
Posted by
elaineb
at
5/17/2009 09:12:00 AM
Labels: CV Operations
5 comments:
The outside smoking lounge at the Clubhouse is now NOSMO KING. Next put us on a raft in the lake.
The smoke police should be taken to BBQ Island and stoned. I might take up smoking again just to blow smoke in the faces of these mongrels.
HB 63-A,also known as the Florida Clean Indoor Air Act,was adopted by the Florida Legislature to protect people from the health hazards associated with second-hand tobacco smoke in accordance with the amendment passed to section 20 of Article X of the Florida Constitution.
While most people believe that this act applies only to "workplaces" in the traditional sense,this legislation does now extend to condominium (and cooperative) buildings as well as any other common areas that are at least 50% covered from above by some type of barrier. That would include a screen lanai, clubhouse, parking garage,etc.
The act defines the concept of "work"so liberally as to encompass any association that has a board of directors. Since those directors are serving the association, they are "working" under the definition of the act and thus, must be provided with a smoke free environment. Thus, smoking is now prohibited in all common areas except for private residences.
I know that smoke from an adjoining unit can create a nuisance and the documents prohibit nuisance behavior. Can an association amend their governing documents to prohibit smoking in one's own unit and reject occupancy on such basis and legally enforce such a restriction? Hmmm.
If I come across a legal opinion or court determination on this matter, I'll send up a smoke signal.Ugh!
Ahah, thx Randall there is always a reason. I had neighbors who were made wretched by smoke from the unit under theirs, they rented another place for a time, then put their unit up for sale. There is a chimney effect and links between the A/C and hollow walls. I’m glad to say my under-neighbor never sends anything more than burnt toast my way.
The smoke free building notice in Chatham R is now part of their by-laws. A Court decision in Palm Beach County ( I do not have the reference here )states that condo living has its limitations including a restriction on sending smoke to co-owners. Andre
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