Aria is a Smoke-Free Building
Posted By kdub on July 25, 2016
The Board of Directors is proud to announce that Aria is now a smoke-free building. Earlier this year the Board approved a rule change that prohibits smoking anywhere within the Aria property. Below is the exact wording that was recently adopted to Aria’s rules and regulations.
1. Smoking Ban for Residential Property. The Association finds that the emission of smoke, including the smoking of tobacco or any other weed or plant or other substance, and the burning of incense is an air pollutant, nuisance and health hazard to the residents of the development due to the nature of the building and proximity in which the residents live to one another. In order to promote the health, safety and welfare of the residents, the smoking of tobacco, marijuana, or any weed or plant or other substance shall be prohibited in all portions of the Project, including the Common Area, Exclusive Use Area, balconies or patios, parking area and Residential Unit. The burning of incense, candles or other malodorous, smoke-inducing substance, will be allowed in the Unit only, as long as those odors are contained within the Unit and the odors do not negatively impact other residents. Additionally, residents shall not smoke tobacco, marijuana, or any weed or plant, or any other substance within 20 feet of the Building in order to prevent smoke from entering into the Building.
2. Rental or Lease Agreement. After the adoption of the rules, all new rental or lease agreements shall reference this smoking ban and shall require strict adherence with this ban by the residents. Any breach of this rule by a tenant, shall constitute a material breach of the tenant’s lease or rental agreement.
3. Owner’s Liability for Tenant’s Actions. Unit owners are liable for any violations of this rule by themselves, their family members, guests, invitees, tenants and/or any other residents of their unit.
4. Any Violation Constitutes a Nuisance. Any violation of this smoking ban shall constitute a nuisance pursuant to Article 7, Sections 7.10 and 7.19 of the CC&Rs and may be abated or enjoined by the Association in addition to any other remedies available to the Association under the Governing Documents and applicable law.
5. Non-Confirming Use Exceptions. The Board of Directors shall have the power to grant a non-conforming use exception to an owner, who upon a showing of evidence can ensure that the smoke will not exit their Unit into the Common Area, Exclusive Use Common Area, other Residential Units, or any other portions of the Project, and upon a vote of the Board of Directors in favor of granting the exception.
6. Hardship Waivers. The Board of Directors shall have the power to grant temporary hardship waivers to this section upon a showing of good cause and upon a vote of the Board of Directors in favor of granting the temporary hardship waiver.