Smoke-Free Arizona Act: What HOAs and buildings should know

What is the Smoke-Free Arizona Act?

The Smoke-Free Arizona Act is Arizona’s statewide law that bans smoking in most enclosed public places and workplaces. For HOAs and residential buildings, the law matters most in shared indoor areas such as lobbies, hallways, elevators, clubhouses, and other enclosed areas. It can also matter near entrances, windows, and ventilation areas.
 

The 20-foot rule

The Act prohibits smoking near entrances, windows, and ventilation systems so people entering or leaving are not subjected to smoke and smoke does not enter the building (A.R.S. § 36-601.01(A)(3)).

Many communities use a 20-foot no-smoking zone in all directions around entrances, open windows, and air intakes because that aligns with Arizona’s definition of a “reasonable distance” for public places (Arizona Administrative Code R9-2-102(A)).
 

Can residents smoke in high-rise buildings / HOAs?

Residents usually cannot smoke in shared indoor areas. Private residences are generally excluded from the Act unless they are being used as licensed child care, adult day care, or health care facilities (A.R.S. § 36-601.01(B)(1)).

Because private residences are generally excluded from the Act, Arizona communities should typically focus smoking policies on shared indoor areas, common areas, and documented issues such as secondhand smoke in shared spaces, cigarette butt litter, and enforcement of the 20-foot rule.
 

The benefits of a no-smoking policy in common areas

Smoking can raise far-reaching and long-lasting health concerns, especially in the common areas of a multifamily building. Not only can smoking increase the risk of fire, but it can also cause other types of property damage, such as staining.

This can significantly raise insurance costs and create liability issues for your homeowners association. Furthermore, in buildings that permit smoking in common areas, association board members and their community management company are more likely to receive smoking-related complaints about:

• Secondhand smoke in common areas or shared building spaces
   
• Discarded cigarette butts creating excessive litter and fire hazards (a high risk in Arizona)
   
• Ashtrays in common areas ruining the property’s aesthetics

Certainly, limiting or banning smoking in your common areas reduces problems for your association. However, most importantly, implementing a no-smoking policy in common areas helps to safeguard residents’ health, reduces the risk to their property, and enhances their quality of life.
 

Tips for creating no-smoking policies

1. Start with a committee.

   Ideally, the committee should consist of board members, and, if possible, healthcare workers. The job of this committee will be to assess the way that smoking currently affects the community, identify and evaluate the different options, and begin developing a policy. The committee’s review should focus on common areas and documented community concerns rather than asking residents to disclose personal smoking habits.
    

2. Review your HOA’s governing documents.

   Your HOA’s governing documents will provide guidance on what you need to do and steps you need to take to enact different types of restrictions. For example, some restrictions may only require that your board create a brand-new rule while others may require amending the governing documents themselves, meaning you will need a vote by HOA members.
   
   It is important to look over your association’s current documents to confirm that you understand the proper procedures and the percentage of votes needed to establish no-smoking policies in your building’s common areas. Most importantly, you should consult with your association’s attorney to support compliance with your governing documents.
    

3. Keep homeowners informed.

   Communication is key in creating and enforcing a new policy within your community. If the new policy requires votes by the membership, your community management company can consult with your attorney so homeowner communications are drafted and distributed according to state and HOA requirements. Read our article, “HOA Policy: Why consistent communication is key,” for some proven communication tips and best practices.
   
   It is also important for homeowners to understand:
    
   • Details about the proposed policy
      
   • The percentage of member votes needed to enforce the policy
      
   • Plans for enforcement
   
   There are several different ways to communicate policy changes and/or informational resources with residents. You can use the community website, newsletters, emails, and bulletin boards to deliver news and information including articles and resources on smoking and the benefits of quitting. Furthermore, it may also be a good idea to hold special informational meetings where homeowners can be a part of the conversation, get more information, and get a better understanding of what is going on in their community.

Having a smoke-free policy in your common areas is good for everyone. Not only will residents be healthier and have a better quality of life, but the HOA will also benefit from having cleaner and more comfortable shared spaces.

Learn how an experienced community management company can help you establish a no-smoking policy in your community or building. Contact FirstService Residential, Arizona’s community management leader.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.