IMPORTANT ALERT FOR COMMUNITY ASSOCIATION CLIENTS
IN MONTGOMERY COUNTY, MARYLAND

Rees Broome strives to keep our community association clients aware of legislative changes that impact their community and this alert is directed to our valued community association clients in Montgomery County, Maryland. 

On July 12, 2011, the  Montgomery County Council adopted a new ordinance prohibiting smoking in or around certain common areas within a community association. While many of our condominium clients have long ago adopted policies to prohibit smoking in common hallways or lobbies, this new ordinance is aimed at restricting smoking in or around other community amenities as well and it applies to homeowners associations as well as condominiums. 

Specifically, the new ordinance prohibits smoking in all common areas accessible by more than one unit owner in condominiums and within 25 feet of playground areas of both condominiums and homeowners associations.  The ordinance defines a playground area to be any "outdoor area with playground equipment which is intended for use by minors, such as a swing set, sandbox, slide, seesaw or playhouse."

The ordinance further requires all condominium common areas and all playground areas of both condominiums and homeowners associations to be posted with at least one "no smoking" sign that includes: a) the international symbol for no smoking, and b) the words no smoking.  In addition to posting these signs, within 30 days of the adoption of the ordinance or by August 11, 2011, each community association within Montgomery County must send notice to each lot or unit owner that they are not allowed to smoke in common areas or playground areas as detailed above. 

Its important for our clients to be aware that their community association is not tasked with enforcement of this new ordinance.  Instead, that task has been assigned to the Maryland Department of Health and Human Services.  We are awaiting guidance from the County's Commission on Common Ownership Communities on who at the state level will be responsible for fielding these complaints so that our clients can provide residents with this person's contact information to register any complaints seeking enforcement of the smoking ban.  As soon this contact information has been confirmed, we will send a follow-up alert to you.

If you were forwarded this message and would like to SUBSCRIBE to our distribution list, please send a request to Ms. Sara Grossman at sgrossman@reesbroome.com.  Please let us know whether you are a member of a community association or whether you are an industry professional.  Please include your organization's name and your title/position, if any.