Resolution No.  2002-06


Policy Regarding Smoking


            WHEREAS, Article III, Section 2(f) of the By-Laws (“By-Laws”) of the Unit Owners Association of Fair Lakes Condominium (“Association”) grants the Board of Directors (“Board”) the power and responsibility to adopt rules and regulations necessary for the benefit and enjoyment of the Condominium;


            WHEREAS, Article III, Section 2(c) of the By-Laws grants the Board the power and responsibility to provide for the operation, care, upkeep and maintenance of the Condominium property;


            WHEREAS, it is the intent of the Board that this Resolution be applicable to all owners, tenants, guests, invitees, or others entering upon the common elements and into the units and that this Resolution shall remain in effect until otherwise rescinded, modified, or amended by a majority of the Board; and


            WHEREAS, the Board has determined it to be in the best interest of the Association to establish a policy regarding smoking at Fair Lakes Condominium.


            NOW THEREFORE, BE IT RESOLVED THAT the Board of Directors hereby adopts the following resolution regarding smoking at Fair Lakes Condominium.


I.          General Regulations


            1.         Smoking shall be prohibited at all times on all of the enclosed common elements including breezeways, hallways, stairwells, storage rooms and sprinkler rooms.


            2.         Smoking shall be permitted on open common elements including outdoor walkways, parking lots and lawn areas.


            3.         Smoking shall be permitted in units, but unit owners and residents are encouraged to smoke with the windows or balcony doors cracked or open in order to minimize the second-hand smoke effect on neighboring unit owners. Unit Owners and residents who smoke in their units are also encouraged to use air filtering devices to minimize the impact of smoke emanating from an individual unit. 


            4.         Lighted and/or unlighted tobacco products shall be disposed of properly in the proper waste receptacles.  They shall not be thrown from balcony or patio areas.  They shall not be deposited on open common elements including outdoor walkways, parking lots and lawn areas.  Neither lighted nor unlighted tobacco products shall be left unattended in any manner.


            5.         Tampering with smoke detectors located in breezeways, hallways, stairwells, storage rooms, sprinkler rooms and individual units is against the law and is strictly prohibited.


II.        Enforcement


            1.         When alerted to a violation, either the Property Manager or the Board will send the unit owner and, if appropriate, the resident, a written Notice of Hearing stating that a hearing will be held to consider the violation.  If the alleged violator is a resident, a copy of this Notice of Hearing will be sent to the unit owner.


            2.         Both the Notice of Hearing and the hearing shall comply with the standards established in the Association’s Due Process Resolution (Resolution No. 2001-04 ).


            3.         If, at the conclusion of the hearing, the Board determines that a violation has occurred, the Board may impose a charge of up to $50.00 for each single occurrence or $10.00 per day (for up to 90 days) for a violation of a continuing nature, pursuant to authority contained in §55-79.80:2 B of the Virginia Condominium Act.  The assessed charge will become a lien against the unit of the owner and is collectible in the same manner as any ordinary assessment.


            4.         If the Board determines that property damage has occurred as a result of a violation of this Resolution, those responsible for the damage may be held responsible for all repair and replacement costs, including any associated legal fees.