Month: November 2011

In a new proposal, Marin County, Calif., health officials are circulating an ordinance cracking down on smoking in multi-unit apartment and condominium complexes. The antismoking law, due for review by county supervisors in December, is almost identical to the ordinance adopted earlier this year by Larkspur, Calif. That city's ordinance bars residents from lighting up in most condominium and apartment units. County officials have said that the smoking crackdown is necessary to “preserve healthy communities.”

Smoking not only poses dangers such as fire and health risks to a community, it also annoys nonsmoking members and their guests, resulting in more complaints that you have to address. Cigarettes or cigars that haven't been completely extinguished can spark flames. And secondhand tobacco smoke—Environmental Tobacco Smoke or ETS—has been classified by the Environmental Protection Agency (EPA) as a “Group A” carcinogen, a known cause of cancer.

Faced with a growing number of complaints from Colorado homeowners about American flags, access to financial documents, and the right to speak up at meetings, the Colorado Legislative Action Committee of the Community Associations Institute (CAI) is asking the state to investigate the need to license community association managers.

Community members may want to inspect the records of their association for a variety of reasons, some legitimate and some improper. It may be hard to tell whether a member wants access to records for a harmless reason, to harass the association, to gather confidential information to which the member isn't entitled, or for information that will support his case if he's planning to sue the association. This makes it difficult to know when to grant and when to deny requests when they're made.

Facts: A member in the penthouse apartment of a New York City cooperative building sued the co-op, its board, and its manager, claiming that they failed to maintain the building in good repair and that they concealed from the co-op's members that dangerous problems existed in the building's fireplaces and flues.