Smoke-Free Alameda Blog: What Comes Next for Condo Dwellers?

On Nov. 15, 2011, the Alameda City Council to in indoor places of employment, public outdoor spaces, and rental accommodation and condominiums. The details are published on the city's website.

Now that the smoke has cleared (as it were) and the outrage it has caused has started to subside, it's time to consider what this means to condominium dwellers and what steps have to be implemented by whom, by when. 

There are two important dates, Jan. 2, 2012 and Jan. 1, 2013. The later date is when the full force of the ordinances come into effect, however you can't wait for this date to occur, as I'll explain.

On Jan. 2, 2012, all non-exclusive use common areas are no smoking areas. These are indoor places like the corridors, recreation room, elevators etc., and outdoor areas such as swimming pools and parking lots, and any enclosed area such as a courtyard. No smoking signs have to be displayed in these areas.

Therefore, the first task for the board and building manager is to obtain some suitable signs and decide where to hang them. There are some pdf files on the City's web site that are a helpful start.

Smoking areas can be designated in the building if they meet certain criteria such as being enclosed, less than 10 percent of the enclosed common area, identified and marked. If you have space you can decide whether to accommodate smokers like this, who otherwise will need to seal themselves up in their units or go 20 feet from the building to smoke. Starting on Jan. 1, 2013, the only option will be to walk 20 feet from the building.

The next issue to consider is which resident's porches, balconies and patios (exclusive use common areas) are, under the definitions of the ordinance, smoking or no smoking areas.

Exclusive use areas that face into a common area or courtyard are no smoking, unless they are 20 feet or more from the common or enclosed area. Patios on the outside of the building facing the street might permit smoking if they are not within 20 feet of an opening into a building area designated as non-smoking, such as a door into the building — until Jan. 1, 2013.

At this point you could decide to take a leisurely approach to meeting the 2013 deadline, however this might be a huge mistake...

The ordinances contain nuisance provisions that allow them to be enforced by citizens' complaints, and permit private enforcement. So, conceivably, on January 2 any condominium owner who is being smoked out could be on the phone to the Alameda Police Department making a complaint and starting the process of filing a law suit.

You should try to avoid this situation by voting house rules to obviate this and contain it within the association before it escalates. It should be possible to pass a board vote rather than making a change to the CC&R's to state that the usual process (letter, hearing, fine) for dealing with smoking complaints that are nuisances should be followed, before resorting to legal action.This should be a board meeting agenda item for December or January.

Having done this you should now educate the residents and owners about the changes. Because Jan. 2 is so soon you should consider blanket coverage by sending email, letters to the owners and residents, postings on the notice boards and going from door to door.

During 2012 if any units turn over, the disclosures have to state the no smoking policies and the Jan. 1, 2013 prohibition. On Jan. 1, 2013 smoking is prohibited in all areas of condominium buildings including the units themselves.

It'll take a while for a full understanding of these ordinances to sink in. The first time I explained them to a small audience of our board and several members I was told that I could not be right and we'd have to wait and see the real ordinances. Well they are real and my interpretation might be slightly off. But they are a fact and will go a long way to improving the lives of people who live in close quarters. Happy smoke free 2012.