Westin going completely smoke free

All Westin resorts in the US, Canada and the caribbean are going completely smoke free. Westin says that 92% of its customers request non-smoking rooms. Wont be long before other major brands do the same.

Smoke Free ???

I can understand where a resort might want to go "smoke-free". However, a bigger question could be---"I smoke", and "I bought at the "X" resort "(from the developer or resale), and they sold me the unit KNOWING that I smoked.

Can they deprive me of my useage of what I bought, since I am a "smoker"???

The HOA, or BOD, might want to change the "rules", but, if they do, they could be opening themselves up to some "legal" problems. If they "try" to enforce the "new" rules, they might have to "buy-back" some "very expensive" timeshare units.

(I do NOT smoke---never have--- but I can see "problems" with a "new" rule.)

Tony

Not completely. Completely in the hotel rooms. The Westin Causarina, or however it is spelled, in Las Vegas will still allow smoking in its casino area, which, of course, you have to walk thru to get to your room

Fern

gmarine said:

All Westin resorts in the US, Canada and the caribbean are going completely smoke free. Westin says that 92% of its customers request non-smoking rooms. Wont be long before other major brands do the same.

Click to expand...

This sounds great, but it all comes down to enforcement. I recently stayed at Marriott Custom House which is non-smoking except for the fourth floor. I was staying on a non-smoking floor and could smell cigarette smoke from the next room - the smell was the strongest in the bathroom where there was a vent (presumably connected to the adjacent room). I did not know the resort was non-smoking until I checked out or I would have complained sooner. Don't know if management would have said anything to the occupants or not. It will be interesting to see how Westin handles things.

Evelyn

Orange Lake Country Club Resort is in the process of going non smoking in the inside of the resort. Outside, they will still allow smoking. This was done after a pole was taken.

teepeeca said:

The HOA, or BOD, might want to change the "rules", but, if they do, they could be opening themselves up to some "legal" problems. If they "try" to enforce the "new" rules, they might have to "buy-back" some "very expensive" timeshare units.
(I do NOT smoke---never have--- but I can see "problems" with a "new" rule.)
Tony

Click to expand...

I think the post was mostly about Hotels choosing this policy but some vacation ownership resorts have or plan to take up the issue as well.
Most CC+R or Homeowner documents give the BOD the right to make or change rules as are needed to benefit the membership as a whole.
They Could also decide to call for a vote of the members to decide the issue.
Smoking in the unit has been proven to cause damage and increases the overall maintenance costs.
This along with the fact that 90% of the owners do not want to smell stale smoke when they check-in makes a strong case for changing the rules.
I don't think its unreasonable to expect thoes that do want to smoke to step outside on the terrace or balcony.
If there is a dedicated group of owners that feel strongly about there right to smoke in the unit they can take it up at the yearly meeting.
They are free to file file a lawsuit and challange the BOD right to make changes to the rules as well.

This issue has been brought up at one of my So Cal resorts.

We had it looked into by legal cousel, they determined that smoking is not a right, therefore a non smoking policy can be enacted & enforced.

The HOA could decide on their own, but they have decided to vote on the issue with all owners. Which will happen at the annual meeting in May.

Management will impose a $150 fine for those caught smoking in their units.

If it passes.. Smoking will be allowed on the balconies and smokeless ashtrays will be avaliable at the front desk for checkout.

If there are a couple existing owners that throw a big fit and insist on smoking in the units. I think management will look the other way .

Several years ago when we bought our condo we were told the whole building was non-smoking. We complained during a "cold stretch" (30-50 degree weather is cold to Floridians) that several employees were smoking in the stairwells. Management said they tolderated it because of the "cold weather"! This seemed ridiculous to me, I work in a non-smoking building in Minnesota and it isn't tolerated here even when it's below zero. A rule is a rule.

Yet you do bring up an interesting point about the rule being changed after you bought into it. I will be sure to follow this thread.

While owners may have bought the units when smoking was allowed.. I can pretty much guarantee you its not in the CC&R's and that is the only thing that matters.

Maybe you also bought into the resort when they had a toaster oven and decided to get rid of those. Or you used to get free local calls. Everything changes over time and unless you have it written in the CC&R's you are out of luck.

The other 90% of non smoking owners had to live with the smoke all this time, now its the smokers turn to be inconvenienced