Board Meeting..... March 29, 2016
In an effort to become more active in our community we thought we should start by attending the Board Meeting held yesterday (March 29th). There were several topics that peaked our interest especially the one regarding the possible smoking ban on the lanais. There was also talk of storm shutters and lattice and every other possible eyesore being placed on our lanai mainly to dumb down the appearance of our complex. Of course there was the discussion about the water drainage as related to our tax bill which all parties were not prepared to speak of….and of course some other jibber jabber. But the meat of the meeting, as far as we were concerned, was the discussion about the smoking ban.
Let us start by saying when you buy a home or condo in a common interest development, such as Island Cove, chances are good that you also automatically become a member of an exclusive club -- the homeowners' association (HOA). The club's members include all the people who own homes/condos in the same development. Getting all of these independent thinkers to agree on the same thing is almost impossible so we in turn put or trust in the Board Members/ HOA to make the right decisions on our behalf. The Board Members/HOA will probably exercise a lot of control over how you use your property. Some associations enforce every rule with the enthusiasm of a military drill sergeant; others are run in a more relaxed way. Most associations try to make decisions that will enhance the value of the houses. The reason we bring this point up is that adding a smoking ban to include our lanai would create an enforcement nightmare. In a perfect world the primary goal of the enforcement process would be to achieve voluntary compliance mainly by educating the condo owners about the requirements of the rule. Full and complete compliance is not going to happen and if the pool rules are any indication, this smoking ban will only apply to those individuals the Board Members are comfortable speaking with. Unfortunately the duty of enforcing this ban might fall on this gentleman..
It is our understanding, before addressing this possible ban with the condo owners, the Board sought the advice of legal counsel. They were informed, in so many words, that a ban could be added to the rules and regulations as long as it was met with a majority of the vote. However, the law further states provided that you are not on the grounds of a school/educational facility or near the entrance to a publically-owned building (i.e., owned by the state, county, or city), then the law does not specify a distance that smoking is or is not allowed from the entrances to buildings. So in essence if you were to live on the first floor you can simply step out on to your lanai entrance and puff away…..advantage first floor living (don't worry upper floors you have your advantages also). In addition, who or how is one going to be able to confront a smoker who is smoking on his lanai on one of the upper floors? Knock on his door? Let us know how that works out for you……………….as we previously stated, an enforcement nightmare. Unless of course a new rule is enacted allowing the Board to ban smoking on the grounds of the complex meaning any outdoor area that is used in connection with the building. This could mean a sidewalk immediately adjacent to a building, but not a sidewalk in the public right-of way; a sitting or standing area immediately adjacent to the building; a patio or a deck; a courtyard; a swimming pool or any other outdoor area designated as non-smoking. Wait, what if I'm sitting in my car? Can I smoke then? Um, how about another rule. RULES RULES RULES RULES RULES RULES RULES RULES RULES …..ENOUGH ALREADY!!!!!! The only advantage to adding new rules is that it gives a wider range of people a reason to bitch!!!!!!
Whether I/we choose to smoke is a decision we as individuals have the right to make and finding a place to smoke is becoming increasingly more difficult. The only safe haven is on our own property…on our lanai. It is likely that no one, smoker or non, disagrees that smoking cigarettes is a messy habit. And indeed one should only take-up the habit when s/he is of legal age and has for whatever reason decided the habit is right for their lifestyle. But as far as archeological evidence supports, smoking is not new to society -- man has smoked "something or another" from the moment man lit his first fire. Stress however has increased, and tops smoking as a leading cause of disease. But, regardless it still remains a decision WE make and if we choose to smoke on our lanai. Smoke causes health problems??? of course it can, but so can car emissions. Can I force my neighbor to drive an electric vehicle because their auto emissions are harmful? Regulating what people can do on their private property in the guise of “health issues” only gives the Board exactly what they want – more control over you and your freedoms (or lack thereof).
Let us start by saying when you buy a home or condo in a common interest development, such as Island Cove, chances are good that you also automatically become a member of an exclusive club -- the homeowners' association (HOA). The club's members include all the people who own homes/condos in the same development. Getting all of these independent thinkers to agree on the same thing is almost impossible so we in turn put or trust in the Board Members/ HOA to make the right decisions on our behalf. The Board Members/HOA will probably exercise a lot of control over how you use your property. Some associations enforce every rule with the enthusiasm of a military drill sergeant; others are run in a more relaxed way. Most associations try to make decisions that will enhance the value of the houses. The reason we bring this point up is that adding a smoking ban to include our lanai would create an enforcement nightmare. In a perfect world the primary goal of the enforcement process would be to achieve voluntary compliance mainly by educating the condo owners about the requirements of the rule. Full and complete compliance is not going to happen and if the pool rules are any indication, this smoking ban will only apply to those individuals the Board Members are comfortable speaking with. Unfortunately the duty of enforcing this ban might fall on this gentleman..
It is our understanding, before addressing this possible ban with the condo owners, the Board sought the advice of legal counsel. They were informed, in so many words, that a ban could be added to the rules and regulations as long as it was met with a majority of the vote. However, the law further states provided that you are not on the grounds of a school/educational facility or near the entrance to a publically-owned building (i.e., owned by the state, county, or city), then the law does not specify a distance that smoking is or is not allowed from the entrances to buildings. So in essence if you were to live on the first floor you can simply step out on to your lanai entrance and puff away…..advantage first floor living (don't worry upper floors you have your advantages also). In addition, who or how is one going to be able to confront a smoker who is smoking on his lanai on one of the upper floors? Knock on his door? Let us know how that works out for you……………….as we previously stated, an enforcement nightmare. Unless of course a new rule is enacted allowing the Board to ban smoking on the grounds of the complex meaning any outdoor area that is used in connection with the building. This could mean a sidewalk immediately adjacent to a building, but not a sidewalk in the public right-of way; a sitting or standing area immediately adjacent to the building; a patio or a deck; a courtyard; a swimming pool or any other outdoor area designated as non-smoking. Wait, what if I'm sitting in my car? Can I smoke then? Um, how about another rule. RULES RULES RULES RULES RULES RULES RULES RULES RULES …..ENOUGH ALREADY!!!!!! The only advantage to adding new rules is that it gives a wider range of people a reason to bitch!!!!!!
Whether I/we choose to smoke is a decision we as individuals have the right to make and finding a place to smoke is becoming increasingly more difficult. The only safe haven is on our own property…on our lanai. It is likely that no one, smoker or non, disagrees that smoking cigarettes is a messy habit. And indeed one should only take-up the habit when s/he is of legal age and has for whatever reason decided the habit is right for their lifestyle. But as far as archeological evidence supports, smoking is not new to society -- man has smoked "something or another" from the moment man lit his first fire. Stress however has increased, and tops smoking as a leading cause of disease. But, regardless it still remains a decision WE make and if we choose to smoke on our lanai. Smoke causes health problems??? of course it can, but so can car emissions. Can I force my neighbor to drive an electric vehicle because their auto emissions are harmful? Regulating what people can do on their private property in the guise of “health issues” only gives the Board exactly what they want – more control over you and your freedoms (or lack thereof).
