§ 9.11.245  REQUIRED TERMS TO BE INCLUDED IN RULES AND REGULATIONS FOR ALL NEW AND EXISTING UNITS IN COMMON INTEREST COMPLEXES.
   A.   All existing rules and regulations for a common interest complex shall include the provisions set forth in Section 9.11.245 .B below on the earliest possible date such rules and regulations may be amended in accordance with applicable law, including providing the minimum legal notice.
   B.   All existing rules and regulations for a common interest complex shall be amended to include the following provisions:
      1.   A clause providing that as of May 26, 2016, or an earlier date if the HOA Board so determines, it is a violation of the rules and regulations to allow or engage in smoking in a unit. Such clause shall be substantially consistent with the following: "It is a violation of these rules and regulations for a homeowner or any other person subject to the control of the homeowner or present by invitation or permission of the homeowner to engage in smoking in the unit as of May 26, 2016 [or an earlier date if the HOA Board so determines]."
      2.   A clause providing that it is a violation of the rules and regulations for the homeowner or any other person subject to the control of the homeowner or present by invitation or permission of the homeowner to engage in smoking in any common area of the property other than a designated smoking area.  Such clause shall be substantially consistent with the following: "It is a violation of these rules and regulations for a homeowner or any other person subject to the control of the homeowner or present by invitation or permission of the homeowner to engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists."
      3.   A clause providing that it is a violation of the rules and regulations for homeowner or any other person subject to the control of the homeowner or present by invitation or permission of the homeowner to violate any law regulating smoking while anywhere on the property. Such clause shall be substantially consistent with the following: "It is a violation of these rules and regulations for a homeowner or any other person subject to the control of the homeowner or present by invitation or permission of the homeowner to violate any law regulating smoking while anywhere on the property."
   C.   Whether or not an HOA Board complies with Sections 9.11.245 .A and 9.11.245 .B above, the clauses required by those subsections shall be implied and incorporated by law into all rules and regulations of a common interest complex to which Sections 9.11.245 .A and 9.11.245 .B apply and shall become effective as of the earliest possible date on which the HOA Board could have amended such rules and regulations pursuant to Sections 9.11.245 .A and 9.11.245 .B.
   D.   A homeowner who violates a smoking provision of the rules and regulations for a common interest complex, or who knowingly permits any other person subject to the control of the homeowner or present by invitation or permission of the homeowner, shall be liable for the violation to:
      1.   The HOA Board; and
      2.   Any occupant of the common interest complex who is exposed to smoke or who suffers damages as a result of the violation.
   E.   This Subchapter shall not create additional liability in an HOA Board to any person for a homeowner's violation of any smoking provision in the rules and regulations for a common interest complex if the HOA Board has fully complied with this Section and Section 9.11.240 .
   F.   Failure to enforce any smoking provision required by this Subchapter shall not affect the right to enforce such provision in the future.
(Ord. No. 2014-006 § 1)