Homeowners Association - outlaws smoking inside of homes..

July 21, 2009 - Members of the Fairfax Parkside Homeowners Association in Eau Claire, Wisconsin on Wednesday July 15th 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. Fairfax Parkside is believed to be the first Eau Claire development in which homeowners aren't allowed to light up indoors. The regulation restricts current residents, future homeowners and visitors also won't be allowed to smoke inside.

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.
"I'm not aware of any other instances where that is the case," said Julie Marlette, coordinator of the Tobacco Free Partnership of Eau Claire County. "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.

Last year the Eau Claire City Council approved a controversial ban on smoking in indoor public places, including taverns. Wiasconsin Governor Jim Doyle signed a smoking ban, making bars, restaurants and other workplaces smoke-free starting July 5, 2010.

While preventing smoking in privately owned homes is unusual, prohibiting the practice in rental residences isn't unheard of in Eau Claire and elsewhere. Some landlords don't allow renters to smoke indoors in an effort to keep those living quarters cleaner and to reduce the chances of a house fire.

Stomping out smoking in multifamily rental units is a growing trend in other parts of the U.S., Marlette said.

"I think people are recognizing the exposure that is occurring to secondhand smoke in multiunit housing," she said. "It is definitely a bona fide health issue, and I think we're going to see more requests for those units to go smoke free."

Dave FitzGerald, one of the Fairfax Parkside developers who also lives there, initially questioned whether the non-smoking measure would hinder future sales in an already tough housing market. But FitzGerald, a nonsmoker, said the anti-smoking rule could attract buyers too, especially given that nearly four of every five people don't smoke. "Could we lose a sale to somebody who is a smoker? Certainly," FitzGerald said. "But I think there is a better chance of having somebody be willing to live here because there isn't any smoking."

Hanvelt knows firsthand the frustrations of living next to a smoker in a shared-space residence. He previously spent thousands of dollars at a former residence retrofitting his unit to prevent cigarette smoke from a next-door neighbor from making its way to his home, but the effort proved unsuccessful, he said.

"We adopted this for our own safety and health," Hanvelt said. "This is a very nice place to live, and we want to keep it that way."

Smokers are more marginalized than ever before - it's time to make people proud of you.

Reference: Housing complex owners vote to ban smoking by Julian Emerson, Leader-Telegram staff, 7/19/2009.