Bulletin Board

Amendment to the Master Deed, Section 11 (h) Smoking Restrictions

(h) Smoking Restrictions: Effective upon recording of this Amendment, smoking shall be prohibited within all Units and within the Buildings comprising the Hawthorne Place Condominium, including but not limited to, in the individual Units, in all buildings, in and upon all balconies whether open or closed, indoor exclusive use areas and within the parking garage. 

No Owner shall smoke, or permit smoking by any occupant, agent, tenant, invitee, guest, friend, or family member anywhere in or upon the Condominium property.  Smoking in violation of this restriction shall constitute a nuisance pursuant to the terms and provisions of its constituent documents of the Association.  Smoking shall include the inhaling, exhaling, breathing, carrying, or possession of any lighted cigarette, cigar, pipe, other product containing any amount of tobacco, or other similar heated or lit product.

Notwithstanding the foregoing, any Unit which is occupied by a resident who smokes at the time of the recording of this instrument shall be defined as “Grandfathered Unit.” To be deemed a Grandfathered Unit the Unit Owner must notify the Board in writing within seven days of the recording of this instrument that a smoker resides in the Unit and provide the Board with the name of the person who smokes. Such Grandfathered Units shall be exempt from this smoking restriction only as to within the Unit, shall be subject to such reasonable conditions as the Trustees may by rule and regulation impose and the following conditions:

a.       Upon conveyance or transfer of title to the Grandfathered Unit said Unit shall no longer be deemed a Grandfathered Unit and thereafter shall be subject to the terms of this smoking restriction.

b.      Upon vacating of the Unit by the occupant who smokes the Unit shall no longer be deemed a Grandfathered Unit and thereafter shall be subject to the terms of this smoking restriction.

c.       In the event residents complain of second-hand smoke the Board in its sole discretion may declare such smoke a nuisance and require the Owner of the Grandfathered Unit to abate the nuisance by taking one or more of the following steps, or any other steps as determined by the Board,  solely at the Owners expense:

  i.      Purchase a filter system, such as HEPA filter system, and operate it inside the unit at a level that prevents smoke from migrating to surrounding areas; and/or

 ii.      Seal all  penetrations in walls, ceilings and floors to prevent smoke from migrating to surrounding areas and units; and/or

 iii.      Require the resident to cease from smoking in the Unit, at which time said Unit shall no longer be deemed a Grandfathered Unit and thereafter shall be subject to the terms of this smoking restriction.