Last week, the Virginia General Assembly passed a Bill that provides an association’s Board of Directors with extensive authority to prohibit smoking within condominiums and property owners’ associations. A Board of Directors of a condominium association may, by a majority vote of the Board, prohibit smoking both in the common elements and in units, unless the recorded condominium instruments contain existing language that would prohibit the Board from doing so. A Board of Directors for a property owners’ association may prohibit smoking in common areas by a majority vote unless the existing Governing Documents contain language that would prohibit the Board from doing so. For those property owners’ associations that contain attached homes, the Board can prohibit smoking in those attached homes unless the existing Governing Documents contain language that would prohibit the Board from doing so. If a Board adopts such rules, they may be rescinded through a vote of the membership held at a special meeting of the owners.
While this law has not yet been signed by Governor Northam, we believe it is likely that he will and this Bill will become law, which will be effective on July 1, 2021. At that time, Boards will have the ability to adopt rules within their community to curb smoking. We understand that there are complex issues created by adopting rules that address smoking within a person’s home. If you would like our assistance in discussing these issues or drafting smoking rules, please do not hesitate to contact your attorney at Rees Broome for assistance.
By Todd A. Sinkins