NEW "No Smoking" Rules for KIHEI SHORES 

The BOARD OF DIRECTORS has adopted a NO SMOKING RESOLUTION for KIHEI SHORES pursuant to the new Hawai'i "SMOKING ACT" (HRS Chapter 328J), which became State law on November 16, 2006.

Effective immediately, smokers may only light up and smoke in two locations within KIHEI SHORES:

(1) inside their UNIT, or

(2) in outside areas that are at least 20 feet away from any building, picnic table or bike rack area.

Smoking is expressly prohibited in those portions of the Common Area (common elements) consisting of:
lanais (balconies and patios), doorways, stairwells, hallways, any window
area or near any building ventilation system.

In addition, smokers must properly dispose of their cigarette or cigar butts and litter.

PROTECTION FROM SECONDHAND SMOKE

The SMOKING ACT was enacted by the Hawai'i State Legislature in order to provide "...a consistent level
of basic protection from ... the health dangers of secondhand smoke."  Thus, while the ACT permits a
smoker to smoke within his or her Unit, smoke cannot exit through windows or doorways in a manner
that will affect anyone outside of that Unit or anywhere within 20 feet of any building, picnic table or bike rack area.

MOREOVER, the SMOKING ACT further gives the BOARD OF DIRECTORS the right and authority to declare all or any other part of the condominium property as "no smoking" areas - in other words, the BOARD has the right at any time to ban smoking in the any other part of the condominium property or the entire condominium property (interior of Units excluded).

The BOARD OF DIRECTORS believes that its Resolution is one that will both serve to protect residents from the dangers of secondhand smoke (as the LAW requires) and provide smoking residents a place to do so.

VIOLATIONS AND FINES

In accordance with the Association's BYLAWS and HOUSE RULES, smokers on the condominium property who violate the NO SMOKING RULES shall be subject to FINES as follows:

          a.    First Violation:               Written notice of violation
          b.    Second Violation:           $50.00 fine
          c.    Third Violation:              $100.00 fine
          d.    Subsequent Violations:    $100.00 fine and legal action including the following:
                           1.     Arrest and/or issuance of a summons or citation by a Police Officer
                           2.     For non-Owner Residents:    Eviction

TEXT OF BOARD RESOLUTION

Following is the actual text of the NO SMOKING RESOLUTION of the BOARD OF DIRECTORS:

“That in furtherance of implementation of the HAWAII SMOKING ACT (HRS Chapter 328J)

the Board may establish from time to time areas within the Common Area of the condominium

property where smoking shall be prohibited and/or limited, including such protocols relating

to the disposal of smoking-related residue and litter; that pursuant to the SMOKING ACT,

smoking shall be expressly prohibited in those portions of the Common Area consisting of

lanais, doorways, stairwells, hallways, windows, ventilation systems, picnic tables, bike rack

areas or anywhere within 20 feet of these areas or any Building.  The Board shall publish

such SMOKING PROHIBITIONS, LIMITATIONS AND PROTOCOLS through whatever

communication media it deems appropriate.”