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Ask Eli: Condo Smoking Bill Passes in Virginia – Arlington, Texas

Arlington, Texas 2021-02-23 12:30:32 –

This regularly scheduled sponsored Q & A column is written by Eli Tucker. Arlington-based realtor And a resident of Arlington.Submit your question to him on mail For response in future columns. pleasant!

Answer: Thanks to ARLnow readers for drawing my attention to Virginia House Building 1842. That’s likely because it’s a game-changing law. The bill will make it easier for condo boards to ban smoking in common areas as well as in units and balconies. As of February 17, 2021, the bill had passed the Virginia House of Representatives and the Senate, and according to a conversation with staff at the bill’s sponsor, Mark Keem, the Governor’s desk to become Virginia law from July 1. I’m heading to. 2021.

This is incredible news for many condo owners and residents who are suffering from the health and environmental hazards of their neighbors who smoke inside the unit or on the balcony.Over the years I’ve written more about Smoking cessation in condos Because of the interest and positive feedback I received on that topic, more than any non-market topic. panel discussion About it in 2019.

The outline of the bill is as follows, but the main points of the bill are as follows. In the element and unit … “

Under current law, smoking cessation within a unit can only be done by amending the formal articles of incorporation. This is overwhelming for most communities and can take years to see through. The only “easy” smoking cessation permitted by law was a ban in common common areas. Even limited common areas (such as balconies) require changes to the bylaws under current law.

I’m not a legal expert and I’m sure the wording of the bill can be interpreted in different ways, but this bill gives the condo board / owner a very good chance to ban smoking in the unit. Seems to be giving. I would like to hear from readers who have the legal background to interpret how likely or unlikely the wording of this bill would allow a complete quit smoking.

Find invoice details online, And read the full summary below.

Real Estate Owners Association Law; Condominium Law; Rule-making authority of Real Estate Owners Association and Unit Owners Association. smoking. (I) Unless otherwise provided in the Declaration, the Board of Directors of the Association of Real Estate Owners permits the establishment of reasonable rules to limit smoking under development. This includes (a) rules prohibiting smoking in common areas, and (b) ancillary private housing units, developments that include rules prohibiting smoking within such housing units, and (ii). Unless otherwise specified by the condominium equipment, the board of directors of the Condominium Unit Owners Association restricts smoking in condominiums, including common elements and rules prohibiting smoking within the unit. The bill clarifies the authority of the Condominium Unit Owners Association Executive Committee to establish, adopt, and enforce rules and regulations regarding the use of common elements of condominiums and other areas of responsibility assigned to unit owners. I am doing it. Association by condominium instrument unless explicitly reserved by the condominium owner by the condominium instrument. The bill also allows unit owners to abolish or amend the rules or regulations adopted by the Board by a majority of the votes cast at the Unit Owners Association meeting. This bill is a recommendation of the Virginia Housing Commission. Real Estate Owners Association Law; Condominium Law; Rule-making authority of Real Estate Owners Association and Unit Owners Association. smoking. (I) Unless otherwise provided in the Declaration, the Board of Directors of the Association of Real Estate Owners permits the establishment of reasonable rules to limit smoking under development. This includes (a) rules prohibiting smoking in common areas, and (b) ancillary private housing units, developments that include rules prohibiting smoking within such housing units, and (ii). Unless otherwise specified by the condominium equipment, the board of directors of the Condominium Unit Owners Association restricts smoking in condominiums, including common elements and rules prohibiting smoking within the unit. The bill clarifies the authority of the Condominium Unit Owners Association Executive Committee to establish, adopt, and enforce rules and regulations regarding the use of common elements of condominiums and other areas of responsibility assigned to unit owners. I am doing it. Association by condominium instrument unless explicitly reserved by the condominium owner by the condominium instrument. The bill also allows unit owners to abolish or amend the rules or regulations adopted by the Board by a majority of the votes cast at the Unit Owners Association meeting. This bill is a recommendation of the Virginia Housing Commission.

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Eli Tucker is a real estate agent licensed by RLAH Real Estate, 4040 N Fairfax Dr # 10C Arlington VA22203 in Virginia, Washington, DC, Maryland. 703-390-9460.

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