The King County Council is
currently considering a proposal to prohibit smoking in the busiest areas of
county parks. If that proposal is
adopted, King County will join the hundreds of other local governments around
the country which have restricted smoking in public parks. Washington condominium and homeowners associations
have an analogous authority to ban smoking in their common areas unless their governing
documents specifically provide otherwise.
However, those associations’ boards must first adopt and publish rules
to that effect in accordance with applicable procedures.
Smoking within the units of a condominium
can only be restricted by amending that condominium’s declaration. This requires obtaining the approval of a
super-majority of the owners in accordance with applicable procedures. Boards should be prepared for intense
opposition to anti-smoking amendments. They should also be aware that
litigation is occasionally necessary to establish the validity of those
amendments.
Condominium and homeowners associations
that want to restrict smoking should seek legal advice in advance from attorneys
with the expertise to help them achieve that goal in a legally defensible
manner. Failing to do so could be
hazardous to their health.
