Wednesday, January 28, 2009

CapeCodTimes.com - Orleans condos consider ban on smoking at home

CapeCodTimes.com - Orleans condos consider ban on smoking at home: "The Old Colony Village condominium complex is considering the following bylaw:

* Smoking is prohibited within all units, in all common areas and outside on decks and patios.
* Existing smokers can be exempt. The exemption ends when the unit is conveyed or, if rented, when the smoker moves out.
* Even if the unit is exempt, the board may respond to residents' complaints of secondhand smoke by declaring the smoke a nuisance and requiring the owner to purchase a filter system to prevent smoke from migrating to surrounding areas, seal all penetrations in walls, ceilings and floors, or stop smoking.

The condominium association is debating a smoking ban for its 143 units in response to complaints about secondhand smoke migrating into hallways and neighbors' units in the two- and three-story buildings on Old Colony Way. The proposed bylaw would prohibit smoking as units are sold but would allow the complex's board to require that a resident who smokes install a filter system, seal off places where smoke could escape, or even stop smoking."

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Within the units? I think this pretty much snuffs out (pun intended) the notion of a condominium "airspace" unit as a piece of private property.

2 comments:

Anonymous said...

This would not be the first condo to ban smoking. Incredibly the ban was upheld by the courts in a four unit condo in Colorado a few years ago.

I think we need to get the Texas hackers from the story below to change a sign in this condo development to read: "Do not disturb - geniuses at work"

Shu

Anonymous said...

Colorado? There, the smoking peeps going around looking in peoples windows face the Colorado "make my day" gun laws. Who's enforcing it? Their upcoming fireplace restrictions are easy to enforce.