The Smoking Ban In Condos Movement Lights Up Again
May 18, 2017 by Lucas Lechuga
A movement to ban smoking in condos is heating up again. Fort Lauderdale developer, Dennis Eisinger does not allow smoking in the common areas of his buildings nor in the parking garage, balconies or inside the units themselves, according to the Daily Business Review. The movement is spreading South as well... we noticed this week that Biscayne Beach will also be a 100% smoke-free building.
Here is the section of the Biscayne Beach Rules & Regulations that deals with smoking:
Under Mr. Eisinger's plan, condo developers retain the right to prohibit smoking in the buildings they sell, and existing buildings have an opportunity to decide for themselves to go smoke-free. A 75% condo board agreement would change the building bylaws and deem lighting up a violation. "Smokers are not a protected class," Mr. Eisinger told the Daily Business Review, referring to the federal Fair Housing Act.
Why This Is An Amazing Idea
To be honest, Biscayne Beach's choice to prohibit makes a lot of sense. Below all of the units is the restaurant and beach club. I highly doubt the patrons of the restaurant and the beach club members would appreciate being hit with a stray cigarette while they enjoy their fruity drinks by the pool. I certainly wouldn't.
In addition, every single building manager I have spoken with has complained at one point or another about cigarettes ruining the pool furniture and starting fires on balconies below. In Infinity, there was actually a fire a couple of years back on a balcony when a cigarette butt hit a patio cushion and it burned. I was also hit in the head recently while swimming with my baby in the pool. Thank goodness it was my hair that got singed and not the baby's. Scary.
Smoking inside the apartments causes its own form of damage. Smoke smell is not a selling feature. I've routinely seen tenants and buyers alike dismiss a property because of the smell. Speaking also from the standpoint of a landlord's representative, the smell is nearly impossible to get out. The apartments always have to be repainted, the air conditioner units deep cleaned and sometimes the flooring and window shades even need to be changed. This cost quickly adds up and exceeds the security deposit that landlords hold. Not a great investment.
Aside from the inconvenience to others, affect on market values and danger of burns, I think the CDC has appropriately made their point and convinced everyone that smoking is hazardous to your health and to the health of those around you.
But Are The Buildings Overstepping Their Power?
Despite the reasons why buildings SHOULD go smoke-free, can the condo association really dictate what people do inside of the properties that they own? Or is that an example of association over-control?
Also, how could it really be enforced? Would there be a cigarette-gestapo to make sure that people follow the rules? I would love to find out who threw that cigarette off the balcony and hit me in the head, but I recognize that I will never know.
What are your thoughts? Should more buildings adopt similar rules, or is Mr. Eisinger's plan a pie in the sky? Here is a link to his full interview with the Daily Business Review, including a video.
Shame on you for jumping into the anti-smoking bandwagon. Have you ever heard the concept that a man’s home is his castle? People pay TOP DOLLAR to live in a condominium, they might want to smoke a cigar, cigarrette, after work. Who pays the HOA fees? Do you? No, residents pay it! Who pays the mortgage? Who pays the taxes? That apartment belongs to the INDIVIDUAL OWNER, not the entire community. As for banning smoking from the parking lot, really? What do you think is coming out of the exhaust in those cars? Cologne? Febreeze?
What else are you gonna ban? People cooking in their own apartment? “Help me! My neighbor is cooking fish and I can smell it!” Go live in an underground bunker if you can’t stand people. When you live in a SOCIETY, you have to put up with lots of different things.
Furthermore, Biscayne Beach is no peach. They caused a concrete overspray that affected a lot of Platinum Condominiums residents. They’re actually being sued for this. Maybe the stupid developer should focus on his construction and not BS issues like a smoking ban.
Shame on me? My home is my castle too. I also pay to live in a condominium and expect not have my ponytail singed by a stray cigarette falling from someone’s balcony. I do pay the condo bills and I do expect to be able to enjoy the common areas plus have my patio furniture not ruined because of someone else’s negligence. So, there’s that. I don’t need to go live in a bunker. I pay the same as everyone else in the building and deserve quiet and peaceful enjoyment of my home.
At the same time, I treat my neighbors with respect. I do not allow my housekeeper to wash the patio with a bucket of bleach water. She uses Swiffer because I don’t want to mess up my downstairs neighbors’ furniture. If I have visitors who smoke, I provide them with an ashtray and a chair outside. If I catch people throwing things from the balcony, they’re asked to leave. I respect my neighbors and my building because it is a nice place to live.
How would you react if you had a neighbor next door who throws loud parties, or buys dogs who bark incessantly? Will you implode on them? They’re just using the condo they pay for…
It sounds like you may live at Platinum. If so, I’m sorry for your inconvenience. I hope the lawsuit is resolved quickly and you receive compensation for the items damaged. Also, if you wouldn’t mind emailing me about the lawsuit, I can make a post about it. I’ve had similar issues from SLS Brickell construction and have had others who report similar problems from other developments.
I am also against smoking in condos. It’s respect thing more then a law… I find smoking in a condo worse then a tenant throwing a party every night with loud music. The music is annoying if it happens every night but at least it does not affect the neighbors health and or their apartment. Don’t get me wrong… I think both are bad but just stating a fact on much I hate when the neighbors feel like they can smoke in their units. This is a sign of no respect. The hallway stinks and is filled with a fog of smoke… the smoke gets into everyone else’s condo and it’s a horrible smell. It should be banned everywhere. I still can’t believe people smoke but that’s a topic on its own. The other things that never makes sense to me is why would anyone want to smoke in their condo anyways. The damage fro the smoke and the fact it turns everything into this ugly yellow is just enough to make someone not want to smoke in their units. The issue is that since most condo complex are 80% rented out it makes the problem so much worse because it’s mostly renters who smoke and not the owners themselves. Zero respect for others.
In a house you can do what you want but in a Condominium or Apartments Bldg., the situation
Is completely different. ! Own the condo where live and I am getting kill by smokers .
They smoke inside and all the smoke get in my Condo through outlets and other places. I can’t sit outside and breath because half of them are sitting outside and the smoke is horrendous.
Out of 12 condos on my side seven of them smoke!!! They are killing me!!!!and I am 71 years old and can’t afford to move
I do not have to get sick because of someone’s smoking habits. I do no drive either. Not around cars very much. I am all for not smoking and no contamination.