(A) Each unit of a common interest complex that is not a new unit is hereby designated as a nonsmoking units as of December 2, 2014; provided, that all the units of a common interest complex need not be designated as nonsmoking units if the members of a common interest complex fully comply with division (B) below.
(B) By a vote of the membership of the subject common interest complex, as provided in division (B)(1) below, the members of a common interest complex may choose to designate fewer than 100% of existing units as nonsmoking units by fully complying with the requirements stated in division (B)(1) through (4) below. Otherwise, division (A) above shall apply.
(1) A vote by the membership of the subject common interest complex on the threshold question of allowing less than 100% of units to be designated nonsmoking units must take place before September 2, 2014.
(2) No less than 80% of units of the of the subject common interest complex, that are not new units, shall be permanently designated as nonsmoking units.
(3) Where possible, best efforts shall be made to group nonsmoking units together, both horizontally and vertically, and physically separate them from units where smoking may be allowed.
(4) No later than December 2, 2014, the final designations must be made, and the following must be submitted in accordance with § 94.5.100:
(a) A description of each designated nonsmoking unit sufficient to readily identify each one; and
(b) A diagram depicting the location of each designated nonsmoking unit in relation to all other units of the of the subject common interest complex.
(Ord. 1332, passed 11-2-11)