HOA Legi-Slate

Governor Owens signed HB 06-1175, the 'Colorado Clean Indoor Act', into law on March 27th. HB 1175, sponsored by Representative May and Senator Grossman, institutes a state-wide ban on smoking in almost all public establishments. (The new law exempts cigar bars, casinos, and DIA's smoking lounge.) Effective on July 1, it is not only restaurants and bars that must go smoke-free - condominium, loft, and townhome residents will also need to think twice before lighting up a cigarette.

How does the Colorado Clean Indoor Act ("Act") affect HOAs? As of July 1, the Act prohibits smoking in:

-Common areas of condominiums and other multiple-unit residential buildings like townhomes The Act specifies restrooms, lobbies, and hallways, but "common areas" would also include clubhouses, mailrooms, or pool locker rooms.
-The "entryways" of the common elements of condos or multiple-unit residential buildings. Entryway is defined as the "outside of the front or main doorway leading" into the restroom, lobby, hallway etc. In addition, under the Act, an entryway includes "a specified radius outside the doorway." The Act states that the "specified radius" is to be determined by the local authority (such as city governments, but most likely not an HOA board of directors), but if the local authority has declined to specify the radius, the Act provides a specified radius of fifteen feet.

The Act makes it unlawful for not only a person to smoke in a restricted area, but for anyone that "owns, manages, operates, or otherwise controls" an area subject to the Act's restrictions to allow smoking in these areas. Violators will be charged with a Class 2 petty offense and will be subject to maximum fine of $200 for a first offense, $300 for a second offense, and $500 for a third offense.

Managers and board members will most likely be considered to "manage, operate, or otherwise control" the common elements of a condominium or multiple-unit building. This means that managers and board members can be charged with violating the Act and, if found guilty, subject to its fines.

Managers and board members are advised to take the following steps to avoid liability under this new law:

-Determine if your association is a condominium or townhome or otherwise fits under the description of a "multiple-unit residential building."
-If so, determine what common elements and their entryways are subject to the statute.
-Adopt smoking rules & regulations that clearly state where individuals may not smoke due to state law. These rules & regulations may provide for reasonable fines. Be sure to check with your local authorities to see if it has spoken to the question of a "specified radius." If not, your rules may not allow smoking within 15 feet of the entryway of a common element that falls under this law.
-Enforce these rules without exception. Document your enforcement actions so that you have written proof of compliance if challenged by a homeowner.

Thanks to all responsible for this law to date. It is now time to work on including casinos in this smoking ban. In addition to the health risks and ugly exposures to non-smokers, we are wasting taxpayers' monies which are spent on "clean air" programs. Please keep me informed on efforts which exist or will develop to expand this smoking ban. Thank you.

This law and so many others are so unbelievable. It is the subtle erosion of rights, until it effects, possibly, not allowing pets in common areas due to allergies, then the cheering ends.

Isn't cleaning up the outdoors just as important as the indoors? With all of the vehicles, isn't the outdoor air worse. Having a ban on smoking in certain areas is a good idea, but not smoking in bars, I feel is not right. Lawmakers have taken upon themselves to protect citizens. Before we know it they will have bans on drinking, because it can lead to health problems, eating certain types of foods, because health problems will appear, or watching television to close, because it can harm your eyes,(which my parents always told not to do). Before we know it the Bill of Rights will have no meaning.

I would much rather see community owners, residents smoke on their balconies and outside their door rather than inside the units where the smoke escapes into the walls, vents and into others units. To empty and ash tray is one thing, to locate and elimante smoke from the interior of a building quite another. Just another law that doesn't make sense in all applications.