My original question before I had the credit card debacle was: I live on
the southwest side of Naples, Florida. Recently, our BOD posted a 48 hour
notice on 10/26 and noticed that they would be "discussion of a smoking
ban." We are a 36 unit Association with 5 directors. There were two
directors present and the meeting was held in the management office about 20-25
miles away. To my knowledge there were about 6 unit owners present on site.
On November 3, the BOD posted Notice (on site) of Budget Discussion with
"open item" for discussion (whatever that means) and the meeting was again
off site. On November 9th unit owners received from the management company a
Notice/Agenda that a meeting would be held on November 23rd (with budget
attached) and a vote to approve the budget was in order. There was no
mention of vote to be taken about on a "smoking ban."
On December 15, 2011, the board sent a letter to unit owners stating "The
Association is prohibiting smoking of any kind in the common areas and the
limited common areas which are includes all lanais, stairwells, entryways,
and walkways from the garages to the buildings. This rule is being
adopted to promote a healthy, safe environment for all of our residents and
guests. This rule has been adopted and is effective immediately upon receipt of
this written communication. Each owner shall be responsible, going
forward, to make sure that this specific language becomes part of any rentallease
or renewal of any existing leases. Owners are responsible to notify any
current lessee that this rule is now in place."
My concern here is that I believe that a 14 day notice should have been
sent to all unit owners of this "smoking ban." Those unit owners who have
signed rental agreements as well as yearly leases and approved by the board;
and who are allowed to smoke either inside or outside on the lanai; what do
they do now? There has been no effort to institute a grandfather clause
for those renters
/lessee who signed long before the board mandated the
Long ago, very long ago I was at the forefront of banning smoking on
busses and trains to and from Boston. It was as you might know a nasty fight
because smokers felt they had rights and that someone like me had no right to
deny them their right to choose to smoke.
Be that as it may .. my only concern here is that the board should have
given a 14 day notice to owners and further, they should have made this
smoking ban an amendment to our documents to avoid any lawsuit against the
This is the question I wish JustAnswer could help me with.
Thank you for your time.