Cohousing-L Mailing List: Re: Smoking in the Co-housing Complex

[Dave and Diane (daveanddee]

Hi all,
At the bottom of this email is the JP cohousing smoking policy from our  
rules and regs. Unfortunately, we never set up the outdoor smoking  
areas, and I am constantly finding cigarette butts near the loading  
zone space (next to the kitchen door in the common house.)

There are also a couple of web sites you can go to for more information  
on case law about smoking:
http://medicolegal.tripod.com/condoaptcases.htm
http://www22.overture.com/d/sr/ 
?xargs=15KPjg1%5FhS%5F5Xyl%5FruNLbXU6TFhUBLycTwoZM7U81nSoEb7xYyA7EsPfy9y 
oJnD7kksUuSnqfX48RFdKyuxqbbUFXSHA3uTLHhnNiS2%5FhldaKgW9dOgbQvwezsm5AWMXg 
DYBi0edO57ZjIKNT8PH5dp4IDnS2p1%5FButbu2wuZsZbjZzgh180qPLJsSsa0ogcTDIIxUR 
%2DsLJJ3Gzn%2DALpETlIIh5NyUOX5LbXayvTEc9gvHNHMi%5FvWUItgf5rjwmpGfd%2Dr%5 
Fgt5cfQSeo6s8vF3DmDzOkeU6aCnezPAAzwBrA%5FagdnvQjh1spdKOy7HLdoKniXCWUJDoL 
DLhJU8iPFByJqTvIlTXXVF00i6YdoBEd4z%5F7yDKfe7MVHx7M0wF8dOkIJVZvk2ZimM8VzO 
TVui0wVpZN%5Fxt0BHz3jDVlC0mybx1mYTGOphOu5fSlELjZEM%2E&yargs=www.wmit 
chell.edu

This is the tiny url for the above which may or may not work:
http://tinyurl.com/ldyg4

The above URL downloads a booklet from the Tobacco Control Legal  
Consortium written by Susan Schoenmarklin who is a Consulting Attorney  
for the Smoke-Free Environments Law Project. Key points are listed  
below.

Key Points
  Landlords, condominium associations and the like
may prohibit smoking or refuse to allow smoking
for new, and in many cases existing, occupants.
There is no judicially recognized “right to smoke”
in a multi-unit dwelling, whether the dwelling is
privately owned or is public housing.
  Residents of multi-unit dwellings have a variety of
common law remedies for stopping secondhand
smoke infiltration.
  Residents of multi-unit dwellings may seek
enforcement of local safety and health codes,
ordinances or regulations to stop secondhand
smoke infiltration.
  A resident of a multi-unit dwelling who can show
secondhand smoke exposure limits a major life
activity can use the federal Fair Housing Act to end
the secondhand smoke infiltration.
  Landlords, condominium associations and the like
should explicitly address smoking in their leases,
bylaws, etc., although they may be able to take
action without such language.


ARTICLE 6
TOBACCO SMOKING POLICY

Smoking is permitted only in the designated outdoor common areas as  
determined by JP Cohousing, in your own unit, or on your own balcony  
(with permission by abutters). Designated smoking areas will be  
determined close to move in time. Communication and mutual respect will  
be key to the success of a smoking policy.

Community Input
JP Cohousing members recognize that smoking is hazardous to the health  
of all people and particularly hazardous to children and anyone with  
respiratory problems or allergies. We also recognize that Community  
members, their friends and family may be smokers now or in the future  
and that we want to include them in our community. In light of these  
facts, we propose the above guidelines for smoking in JP Cohousing to  
minimize its impact on those who don’t want to be around smoke, while  
at the same time recognizing that some smokers will need a place to  
smoke on JP Cohousing property. The proposal guidelines will apply to  
anyone on JP Cohousing property at any time. Guests will be informed of  
the smoking policy by their hosts.

Smoking Outdoors
Designated Outdoor Smoking Area. Because we live in a climate with  
long, cold winters, JP Cohousing will designate a smoking area  
reasonably close to the housing units. Possibilities are the bridge, an  
area of the common green, and an area of the parking lot for use when  
the weather is mild. Unacceptable areas are the common house deck,  
outside the office entrance and the walkway. The exact area(s) will be  
determined just before we move in or shortly after move in by a task  
force who will identify 2-3 acceptable outdoor areas and recommend them  
to the entire membership for a vote. The accepted areas will then be  
added to this policy.

Smoking Indoors
Smoking In Units. Smoking in units with the permission of the unit  
owners is acceptable to the Community in order to preserve the rights  
of owners to make decisions regarding their private property. This also  
assumes that the JP Cohousing ventilation system will be sufficient to  
contain and expel the smoke appropriately. If in practice smoke does  
drift into neighboring units, the parties involved will work out a  
respectful solution among themselves and/or with the CPR Committee’s  
assistance.

Smoking On Balconies. Since there is significant but not unanimous  
support for smoking on private unit balconies, it will be acceptable  
only with the permission of all abutting neighbors (next door, above  
and below the balcony).


Guiding Principle for Success
Above all else, JP Cohousing strives for mature communications, common  
sense and respect for others in regards to all issues surrounding  
smoking. People are expected to express their needs rationally at any  
given time and work toward compromise. Smokers are also expected to  
carefully dispose of their smoking materials in fire-safe trash  
receptacles, which JP Cohousing will provide and maintain in any  
designated smoking area.

Best of luck!
--Diane(:^]
  JP Cohousing in Boston, Massachusetts
  marketing facilitator
  jp cohousing  617-522-2209
  Box 300420 boston ma
  http://www.jpcohousing.org
  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -
 "The people who surround you define the quality of your life."

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= = = =

On Wednesday, September 20, 2006, at 06:16 AM,  
cohousing-l-request [at] cohousing.org wrote:

> Because of the configuration, there is a probability of second hand  
> smoke being noted in other units if some members choose to smoke in  
> their units or on the decks as would be their perceived right in the  
> privacy of their own homes.
>
> THE question is: would it be legal and practical to prohibit smoking  
> anywhere in the complex and make that part of the restrictive  
> documents that prospective buyers would have to accept.