Condos
Condo owners are affected by secondhand smoke in the same way as apartment tenants. Secondhand smoke drifts from one condo to the next and enters indoor living spaces from people smoking outdoors, on patios and balconies.
There is no known ventilation system that can completely remove the threat of another resident’s secondhand smoke. It can’t be eliminated by separating smokers from non-smokers, using air cleaning technologies, or ventilating buildings. Additionally, heating, ventilation, and air conditioning systems can distribute secondhand smoke throughout a building.
If you are considering trying to adopt a smoke-free policy in your condo building, here are some things you should know:
Smoke-free policies protect everyone’s health
- In 2006, the U.S. Surgeon General released a report stating conclusively there is no safe level of exposure to secondhand smoke.
- Secondhand smoke drifts throughout buildings and enters units through crawl spaces, light fixtures and walls.
- According to the American Society of Heating, Refrigeration and Air-Conditioning Engineers, secondhand smoke cannot be controlled by ventilation, air cleaning or the separation of smokers from nonsmokers. ASHRAE encourages smoke-free policies as "the only complete solution to the problem of secondhand smoke." The American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) position statement on secondhand smoke (PDF)
- Market demand for smoke-free housing is high. About 88 percent of Washingtonians do not allow smoking in their homes.
- A "no-smoking" policy is not a "no smokers" policy. Smoke-free policies simply maintain health and safety standards for all residents, and establish guidelines for where smoking is permitted.
Condo associations can choose to take their buildings smoke-free
- Most condominium buildings are governed by a Homeowners Association (HOA), which adopts and votes on any rules pertaining to residents and the building property.
- Frequently, these rules contain a "nuisance clause" that prohibits owners and their guests from engaging in any activity that interferes with another owner’s peace and well-being.
- Condominium boards can adopt rules that provide detailed guidance on issues that are otherwise not fully described.
- For additional information, read your own association's rules for changing building policies or download Legal Options for Condo Owners for a more detailed look at your options.
How to adopt a smoke-free policy in your condo building
- Start by attending your condo association board meeting.
- Learn about how decisions are made. Secure a copy of your condo association's by-laws.
- Prepare yourself with information about the Benefits of Going Smoke-free.
- When you’re ready, plan to speak during an open forum at a condo board meeting, or request to be added to the agenda.
- Once you’ve educated association members, work with the condo board to follow the appropriate procedures for changing building policy.
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Last Updated: 01/21/09
This Web site contains information on the revised Clean Indoor Air Act (RCW 70.160). It is not legal advice. This information cannot be considered as a substitute for legal advice from and representation by a qualified attorney.
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