Sunday, March 28, 2010

Smoking

Does anyone know if there are smoking condos or a hotel that allows smoking on a lanai or balcony?



Smoking


oddly, I haven%26#39;t seen a thread for this island that gives recommendations up til now.





Hotels are allowed to designate 100% smoking floors, which is the only way to have a smoking balcony. Our hotels are not high rises like on Oahu, so blocking off an entire floor is a bigger deal and not sure if any are doing it.





Condos are not governed by the same law. If the condo association allows smoking, then owners can individually decide whether or not to allow it, inside and/or out, as I understand it, but you do risk having other guests/owners complain if the rule is not to allow smoke to go onto other condo balconies. As you check condos on the web, look for the smoking policy.





Another way to smoke is to get a private rental house and smoke outside.





When I went to Oahu last year with a smoker, we stayed in a condo and he did have to go out to the parking lot, this was even before the ordinance was enacted and was simply the rule for the condos laid down by the owners.



Smoking


I know of no condos Kona side that allow smoking in the condos or on the lanai%26#39;s. Most lanai%26#39;s are near each other and therefore too close for guests who do not smoke.




Does this mean that there are designated smoking areas around codo%26#39;s? I ask because my husband is a smoker but used to not smoking in the house but I am trying to get an idea if some complexes may prohibit on grounds altogether. I have found some in searches for other places but none specifically noted so far in my research for BI. I would like to keep us both happy if possible. I also would like approprate receptacle for him to butt - hate butt throwers!



Appreciate any feedback.




I can only speak to the few complexes I know, and they do not allow smoking inside the condos, on the lanais or near the pool/common area. This leaves %26#39;out front'; on the road, or off near public areas, which there are many.



Others may have different rules.



I would imagine hotels would offer more flexibility. Have you called the Royal Kona Resort, Sheraton or Hilton? I would start with those, especially the Sheraton and Hilton.




The condo association has no control over smoking inside the units, every unit is a private property. However, the the individual owner might prohibit smoking there and it should be indicated in the rental agreement. The lanai is a limited common area and the same rule applies there as for the unit itself. Most condo associations have rules about no smoking in the public (common) areas but some limit it to the pool/spa areas only. The Board of Directors of one condo complex in Kona (that shall remain nameless) tried to make the whole complex smoke free but backed out of the plan after the smoker owners threatened them with a lawsuit.




This question made me wonder about smoking ordinances in Hawaii in general - I found this link to information on the statewide smoking ban that went into effect in November 2006:





http://hsf.wetserver.net/index.html





And normally I wouldn%26#39;t comment on this topic, but I live in a condo myself, and although each unit is individually owned, condo owners are not free to do whatever they want - for example, many condo complexes have quiet hours, rules about renting out units, and prohibitions against running a business from a unit. While some condo associations have attempted to go smoke-free, the difficulty they face in doing this is not because they aren%26#39;t legally entitled to impose such a rule (which they are), but because they can%26#39;t afford the legal fees when an owner files a lawsuit.




';they can%26#39;t afford the legal fees when an owner files a lawsuit'; is not necessarily true, condo associations are insured. (As much as 1/3rd of the budget goes for insurance premiums! Not too many owners sue though, it would be like suing yourself, right?) You are correct about the condo associations but the condo is just like any other real estate, be it a house or land. It would be interesting to see a lawsuit like that to go ahead though.




I think most condo owners don%26#39;t want smoking inside because of what it does to the paint, drapes, carpets, linens -- pretty much restricts that condo to smokers. Smoking outside has been the habit for so many for a long time.





Everyone in my family but me smokes, and they all smoke outside, period, but felt free to smoke on lanais until this new law came out.





As to what the condo association can do -- I have not rented one on this island recently, but on Oahu, the owner didn%26#39;t mind smoking on the lanai. However, the collective owners had agreed to ban it and he didn%26#39;t want to make waves, I guess. I didn%26#39;t discuss the legalities of it with him. Those were the terms of the rental.





I know I have a rep here for going ';yay, anti-smoking laws'; and it%26#39;s true that my personal health suffers from secondhand smoke so the less smoke the better for me, but as I%26#39;m married to a smoker, that affects me when I look for lodgings for us.





A lot of B%26amp;B%26#39;s and rentals now say nonsmoking property. That used to more often than not mean smoke outside, but more and more it means ';no smoke'; anywhere on the grounds, which my husband won%26#39;t go for, thus I%26#39;ve had to pass on some nice places.





I just ask them what exactly they mean, because in my experience with that wording, different properties have different policies.




Okay,



What are the general rules for smoking inside resturants etc? Do you have smoking/non-smoking areas? I am allergic to the smoke so it would be interesting to know. Where I live it is against the law to smoke in any indoor public area (resturants) and on many outdoor public areas. (Ex. University Campus) Lots of opinions on that of course but how does it work on the BI?




beach724 -





Hawaii has a statewide smoking ban that prohibits smoking in all workplaces including all restaurants and bars. My understanding is that you cannot even smoke outdoors if the area has a roof, even if it is open air.

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