§ 28-7. Smoking restrictions for new and existing units of multi-unit residences; responsibilities of homeowner association in common interest complexes.

(a)

With respect to all existing units of multi-unit residences in which smoking was not prohibited by this chapter prior to August 17, 2018, said units shall become subject to the provisions of this chapter sixty days following August 17, 2018.

(b)

Notwithstanding subsection (a) above to the contrary, each and every unit of a multi-unit residence, the occupancy of which becomes available for the first time on or after August 17, 2018, shall be subject to and controlled by this chapter.

(c)

The homeowners association, or its duly-appointed management agent, for each common interest complex subject to this chapter shall, within sixty days of August 17, 2018:

(1)

Establish a smoke-free policy that meets or exceeds the applicable provisions of this chapter with respect to the indoor or outdoor areas of the entire premises;

(2)

Notify all owners and residents within the common interest complex of the smoke-free policy, including a provision that explains that violations will be treated in the same way as noise pollution or other rules;

(3)

Post signs at the parking lot entrances that notify owners, residents, their visitors and contractors about the smoke-free policy; and

(4)

Establish a process for addressing complaints, similar to that used for violations of other homeowner association policies.

(Ord. No. 531 N.S., § 3, 7-20-2011; Ord. No. 553 N.S., § 2.II., 9-17-2014; Ord. No. 579 N.S. , § 2(A), (Q), 7-18-2018)