Non Smoking Designation
On May 17, 2018, the Board of Directors adopted the Smoke-free Restriction Addendum to the Proprietary Lease and Mutual Ownership Contract and Smoke-Free Procedures for Buildings and Units. Below states the procedures for the following:
Procedures for Smoke-free Buildings and Units
1. Smoke-Free Buildings
a. By unanimous consent of all of the members holding the rights of Perpetual Use of units within the same building, the members may elect to designate the building as a smoke–free building by signing a Smoke-Free Addendum to their Mutual Ownership Contracts (“MOC”).
b. All signers of the current MOC must sign a Smoke-Free Addendum to the MOC.
c. If, within a sixty-day period, GHI receives a properly signed smoke-free addendum from every current member in one building, and GHI has checked that the relevant share loan agreements do not forbid this change, GHI will sign all the addenda, thereby finalizing the smoke-free building designation. If smoke-free addenda signed by every current member in one building are not received within a sixty-day period, GHI will not sign any of the smoke-free addenda, and will notify the members in the building that the building will not be designated as smoke-free. If the members in the building then still wish to have the building designated as smoke-free, they all must re-submit properly signed smoke-free addenda to GHI, and all such signed smoke-free addenda must be received by GHI within a sixty-day period, as provided above.
d. The members in a smoke-free building may, by unanimous consent, decide to revert to a non-smoke-free building by signing new MOCs without the Smoke-Free Addendum.
2. Individual Smoke-Free Units
a. Any individual member holding the right of Perpetual Use of a unit may elect to designate the unit as smoke-free by signing a Smoke-Free Addendum to his/her MOC.
b. All signers of the current MOC must sign the Smoke-Free Addendum to the MOC.
- c. If, within a sixty-day period, GHI receives a smoke-free addendum properly signed by every current member in a unit and GHI has checked that the relevant share loan agreement does not forbid this change to the MOC, GHI will sign the addendum, thereby finalizing the smoke-free unit designation. If all signatures of every current member in the unit on the smoke-free addendum are not received within a sixty-day period, GHI will not sign the addendum, and will notify the members in the unit that the unit will not be designated as smoke-free. If the members in the unit then still wish to have the unit designated as smoke-free, they must re-submit a signed smoke-free addendum, signed by all such members, to GHI, and all of the members’ signatures on the smoke-free addendum must be received by GHI within a sixty-day period, as provided above.
d. In any one building, the members whose units are designated smoke-free may by unanimous consent, decide to revert to a non-smoke free status by signing new MOCS without the Smoke-Free Addendum.
e. Any member occupying an individual smoke-free unit (not located in an entirely smoke-free building), on behalf of himself/herself and the other occupants of the unit, acknowledges that secondhand smoke from neighboring units may infiltrate into the member’s unit.
3. Smoke-Free Restrictions
The following Smoke-Free Restrictions shall apply to any unit for which a Smoke-Free Addendum to the MOC has been signed:
a. Member shall not smoke inside the unit, including any enclosed additions.
b. Member shall not allow any other person to smoke inside the unit, including any enclosed additions.
c. Member and Greenbelt Homes Inc. agree that any person to whom Member’s equity in the Perpetual Use of this unit may be sold must agree to sign a Smoke-Free Addendum to the MOC in order to be approved by the Board of Directors as a Member.
d. Smoking is permitted on an open-air porch as long as the unit’s door to the porch is firmly closed. [An open-air porch has at least 50% of the walls that do not adjoin the original unit open to a free flow of outside air.]
e. Smoking is permitted in the yard.
4. General Provisions
a. As with any violation of the MOC, a member in a smoke-free building may be subject to termination of membership in the case of any violation of the smoke-free addendum to the MOC, after the usual process involving a Member Complaint Panel and Hearing(s) before the Board of Directors.
b. “Smoking” shall be defined as the act of lighting, inhaling from, or carrying a lit or smoldering cigar, cigarette, pipe, water-pipe, or other smoking device or lit or smoldering smoking material of any kind.
c. “Smoke-free” shall be defined as the prohibition of smoking.
