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Monday, July 20, 2009

Homeowners Association Bans Smoking in Housing Units

From the Wisconsin Leader-Telegram:

It's not just indoor public places in Eau Claire where lighting up is prohibited. Now residents of a south side, owner-occupied housing complex will have to snuff out smoking in their homes, the most recent sign of public anti-smoking sentiment.

Members of the Fairfax Parkside Homeowners Association on Wednesday voted to outlaw smoking inside residences that are part of the 34-unit development. The ban also prohibits smoking in shared spaces, such as porches and garages, but does allow it in yards and on patios.

Of the 19 association members who voted on the issue, 15 favored the anti-smoking regulation proposed by association President Dave Hanvelt, while four argued that residents should be allowed to smoke in their homes.

"This doesn't restrict a smoker from living here," Hanvelt said of the smoking prohibition. "It just means that there are restrictions on where they can smoke." . . .

Hanvelt proposed the regulation earlier this year because homeowners in the development own twin homes, or each side of a duplex-style home. Because of their close proximity, smoke from one unit could flow into the one next door.

"If we all lived in separate units, this wouldn't have been necessary," Hanvelt said, noting homeowners association members made sure to allow outdoor smoking so as to not be too restrictive.

Ben Barros

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