No Smoking Rule
This Rule shall be effective on October 17, 2024.
Ratified by meeting of a quorum majority of homeowners at 7pm October 16, 2024
Recitals
A. The Cedar Gen North Association (the “Condominium”) is a residential community of 15 homes located on Cedar Glen North in South Burlington, Vermont.
B. The homes were constructed in the late 1970’s and are clustered in a total of 7 buildings. Each home has the benefit of an attached deck.
C. Owner of homes have complained to the Board of Directors that, because homes share common walls and adjoining decks are so close to windows and doors in adjoining homes, so-called secondhand smoke is infiltrating their homes and causing health-related issues.
D. Closing doors and windows is not a reasonable response. The structural tightness of the buildings has degraded over time so that closing windows and doors does not prevent secondhand smoke from entering. Moreover, Vermont’s spring, summer and fall months are the only times when windows and doors are open to enjoy the benefits of Vermont’s clean air.
E. Secondhand smoke arises from exhaling by smokers of cigarettes, cigars and pipes and from the lighted end of a cigarette, pipe, or cigar, or tobacco burning in a hookah. This type of smoke has higher concentrations of cancer-causing agents (carcinogens) and is more toxic than mainstream smoke. It also has smaller particles than mainstream smoke. These smaller particles make their way into the lungs and the body’s cells more easily.
F. Non-smokers who breathe in secondhand smoke take in nicotine and toxic chemicals the same way smokers do. The more secondhand smoke that is breathed in, the higher the levels of these harmful chemicals in a person’s body.
G. According to the American Lung Association, secondhand smoke is known to cause cancer, especially lung cancer and it affects the heart and blood vessels, increasing the risk of heart attack and stroke in non-smokers. Some studies have linked secondhand smoke to mental and emotional changes.
H. The Centers for Disease Control and Prevention warns that opening windows or using air filters does not prevent people from breathing secondhand smoke.
I. Section 29 (F) of the By-laws of Cedar Glen North Apartment Owners' Association provides as follows:
The Member shall not permit or suffer anything to be done or kept upon said premises which will increase the rate of insurance on the building, or on the contents thereof, or which will obstruct or interfere with the rights of other occupants…
J. Accordingly, to protect the health and welfare of the owners and occupants of the 15 homes in Cedar Glen North, the Association has determined that limitations on smoking are in the best interests of the community.
Limitations on Smoking
Section 1. Definitions.
In this Rule, the following terms shall have the meanings ascribed:
Common Elements - as defined in By-laws of Cedar Glen North Apartment Owners' Association
Smoking - the
Unit - as defined in the By-laws of Cedar Glen North Apartment Owners' Association
Section 2. Limitation.
No person shall
(a) engage in smoking or
(b) have in his or her possession, hold or carry a lighted or smoldering cigarette, cigar, pipe or smoking equipment of any kind in or on the Common Elements or Limited Common Elements within 25 feet of a home’s doors, decks, patios, walkways, windows, or in or near wooded or grassy areas.
Section 3. Medical Marijuana.
The Board of Directors may, at any time and from time to time, on the application of an owner or occupant, authorize the smoking of medical marijuana if the facts and circumstances justify it, on such terms and conditions as the Board of Directors shall determine.
Section 4. Point of Clarification
To clarify, these limitations apply only to exteriors of the units and in or around common areas as defined above. Any allowances for smoking or non-smoking inside the unit is at the owner’s discretion.