CONTROLLING SECOND-HAND SMOKE

Abate Nuisance. If second-hand smoke from a unit is drifting into the common areas or other units, the board can require that smokers abate the nuisance by taking one or more of the following steps:

• purchase HEPA filters (at the smoker's expense) and operate them inside the unit at a level that prevents smoke from migrating to surrounding areas

• seal all penetrations in walls, ceilings and floors (at the smoker's expense) to prevent smoke from migrating to surrounding areas

• install exhaust fans that vent to the outdoors

• install weather stripping and door sweeps around their external doors

Prohibition. Unfortunately, these measures are not always successful. If they fail, the association could prohibit smoking in the unit and require all smoking be done outdoors.

Architectural Standards. In addition to the above, boards can lessen second-hand smoke problems over time by requiring condominium owners to fire stop all wall, floor and ceiling penetrations whenever they remodel their units. This has the added benefit of reducing nuisance noise between units. Even though city inspectors routinely order owners (at the owner's expense) to fire stop penetrations during remodeling, inspectors sometimes miss this item. By including the requirement in the association's rules, it is easier for boards to enforce it against owners who fail to fire stop.

BROCHURE. A new resource on smoking in common interest developments has been released by the Technical Assistance Legal Center, a project of Public Health Law & Policy and the Public Health Institute. The brochure is titled "How to Make a Condo Complex Smokefree." It is the best I've seen on the subject. It is well-written and should answer a lot of your questions about how to restrict smoking in your association.

If your association would like to adopt rules or amend its CC&Rs to restrict second-hand smoke, contact us.

Updated by ADAMS KESSLER 8/17/2008