Non-Smoking Property Management Sample Proposal

Amend our Condo Rules to Transition Verdana Condo Complex to a Nonsmoking Complex

You are receiving this letter because we want your vote on the following matter. As you may be aware, we have had complaints from various nonsmoking residents in our complex about the habits of the few smoking residents we currently have. We also have concerns about the health risks of secondhand smoke for our residents, especially our children.

Because nonsmokers make up 90% of our residents, we are proposing to change our condo association rules to transition our complex to a nonsmoking complex. If you are one of our smokers or have smoking guests, please note that this change is not instantaneous; it will be phased in as leases are renewed or units are sold. We need each resident to vote on this proposal. Please read the enclosed pages carefully, then mark your vote on the Voting page and deposit that page in the box in our Clubhouse by 5 pm on October 20th.

This proposal includes a voting form that must be turned in by October 20. Please read this proposal and contact the association if you have any questions. Our purpose with this proposal is to rid our complex of the nuisance smokers.

There are only a few residents who fit this description. Those who smoke in areas where the prevailing breezes cause smoke to drift into neighboring units, smoke seeps into other nonsmoking units, and those who discard their cigarette and cigar butts in shared areas. In a few cases, the problem smokers are frequent visitors of residents. But in all cases, these smokers have been asked to be respectful of others and have not responded or altered their behaviors.

To create a less contentious and healthier environment and so as not to have to single out only a few smokers, we propose to transition to a 100% smoke-free complex. The detrimental effects of tobacco smoking are well documented. We realize that smoking is a personal choice for many, but that choice is bad news for everyone, because statistics show that smoking affects us all in the following ways. Anyone inhaling tobacco smoke breathes in thousands of toxic chemicals.

Some of the worst are benzene, which is found in gasoline; hydrogen cyanide, a poisonous gas used in warfare and pest control; carbon monoxide, found in car exhaust; and formaldehyde, used in embalming. According to government statistics, 50,000 Americans die each year from secondhand smoke exposure. The majority of these deaths—an estimated 46,000—are from heart disease. The rest are from lung disease or respiratory infections.

With prolonged exposure to secondhand tobacco smoke, the risk of developing lung cancer increases for nonsmokers by 20%-30%; and the risk of developing heart disease, by 25%-30%. Secondhand smoke is known to cause respiratory infections and asthma in children. The younger the child, the more vulnerable the child is.

Many toddlers are hospitalized each year with respiratory infections. Statistics show that nearly 1,000 Americans die each year in fires caused by smoking. At least 250 of these people are nonsmokers. Cigarette smokers tend to discard some of their butts on the ground.

In fact, studies show that if smokers see any butts on the ground, they are more likely to discard one of their own. And we all pay the cost of cleanup. Cigarette butts are a hazard to children and pets. It’s well known that toddlers and dogs will eat nearly anything they find on the ground.

The purpose of this proposal is to create a healthier living environment for all residents. The Verdana Condominiums complex residents will realize the following benefits provided by this proposal. Reduce the risk and liability of litigation from other homeowners. As well as creating a healthier environment for all, the new policy will reduce the number of disputes among our residents.

For those condo owners who rent their units, this new policy will reduce the fear of having a new renter who is a problem smoker move in. The No Smoking rule will be written into each lease. Owners who rent will find it easier to clean nonsmoking units for new renters. It can be costly to repair damage caused by smoking.

Often window coverings and carpets must be completely replaced and all surfaces painted with special paint to cover up the scent of past smoking. Units may have a higher resale value because smokers will not be a problem. Children of residents and guests will not be exposed to hazardous carcinogens and negative habits.

All residents will enjoy a cleaner, healthier environment. This is a transitional policy that will be phased in over time, so smoking residents who have current leases will not be affected. We believe that approving this policy is in the best interest of all condo owners and residents. We propose this as a transitional policy.

This means that the new policy will have no effect on current residents holding a lease, whether the resident is a smoker or nonsmoker. If approved, the new policy will incorporate the following changes. All new leases will include a No Smoking agreement.

This agreement applies to the resident s of the unit and guests, and will be enforced on decks and in other outdoor areas as well as indoor areas. All vacant units will be available for lease by nonsmokers only. All new residents must sign the No Smoking agreement. In this way, we will transition to a 100% nonsmoking complex.

Based on input from our residents, we recommend the following. Amend our condo rules to require that all new leases have a No Smoking clause. Current leases will not be affected, but if a current smoking resident applies to renew his her lease, that resident must sign and abide by the new nonsmoking policy.

Advertise any new leases as for nonsmokers only. In this way we will not have turn away potential residents who smoke. Post No Smoking signs in all shared areas.

These include the clubhouse, the workout room, the playground, and all our common green areas. During this transitional period, set aside a Smoking Area for our smokers. Smokers will be allowed to smoke only inside their units or in this designated area outside unless otherwise prohibited by a rental agreement. This smoking area should be outside in our central commons area, 25 feet away from any buildings, and will be outlined with bricks.

We also propose to specify a $100 fine per occurrence per violation of our new nonsmoking policy. Please vote below on our proposal to institute the new rules described in this proposal and transition our condo complex to a nonsmoking complex. Yes, I want to institute all new rules described in this proposal and transition to a nonsmoking complex.

No, I do not want any changes made to our current rules.

Who May Vote

All owners may vote. Renters are not eligible to vote.

The Process

On October 21, votes will be tallied by Jenn Furst, our condo board secretary, and verified by Adam Lebowski, our condo board vice president. Results will be reported by Glenda Linden, our condo association President, via our email distribution list. Results will also be posted on the clubhouse bulletin board on October 22. Please check off your vote above and insert it in the Voting box in the clubhouse by 5pm on October 20.

Thank you for your participation.