HOA HOMEFRONT: Smoking bans, flags

HOA HOMEFRONT: Smoking bans, flags

Hi Kelly,

Must the board get a majority vote of homeowners to make their community common areas non-smoking? If the board got the vote would an amendment have to be added to the CC&Rs or could signs just be posted? Is this even worth pursuing? S.C. Lake Elsinore

Dear S.C.:

A rule regulating common area usage can be adopted by the board of directors as an operating rule under Civil Code 4340. Under Civil 4355(a)(1), a rule regulating common area usage would (as most rules) need to be adopted with thirty days advance notice to the members. Operating rules cannot contradict the CC&Rs and must be in writing. Operating rules are only good until another board decides to change them, so they are not as permanent as restrictions in CC&Rs. If the association members supported a smoking ban, such a restriction might be approved by the members in a CC&R amendment.

Smoking in attached housing is an increasingly controversial subject, as smoking declines, and associations increasingly address complaints of smoking in common areas, balconies and private patios. Thus far, dozens of California cities have adopted bans on smoking in common areas, and some have completely banned smoking even inside homes.

If a board is considering adopting a smoking ban, consider grandfathering current smokers, and consider having a town hall type board meeting to gauge member interest in the issue of smoking. Any habit, including smoking, should not be a nuisance for other owners.

Thanks, Kelly

Dear Kelly:

I have a condo that is my vacation home. This summer my neighbors hung flags that looked so patriotic - it was near the 4th of July. One neighbor even hung his Marine flag! A nearby neighbor complained about 'all the flags' and requested the board to have them removed. I will NOT remove mine! Have you ever heard of such an un-American situation???

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HOA HOMEFRONT: Smoking bans, flags