PARADISE LAKES CONDOMINIUM ASSOCIATION, INC.
A RESOLUTION OF THE BOARD OF DIRECTORS
ADOPTING SMOKING RESTRICTIONS
WHEREAS, the Declaration of Condominium Ownership of Paradise Lakes Resort Condominium (the “Declaration”) provides that Paradise Lakes Condominium Association, Inc., (the “Association”) is responsible for management and operation of the Paradise Lakes Resort Condominium; and
WHEREAS, Section 19.18 of the Declaration authorizes the Association to adopt reasonable rules and regulations concerning the condominium property for the safety and well-being of the residents; and
WHEREAS, Section 19.12 of the Declaration, and Section Q of the Association’s Rules and Regulations, generally prohibit conduct which constitutes a nuisance to other residents; and
WHEREAS, the Board wishes to adopt a no smoking policy on common elements and limited common elements to protect the health and safety of the owners and residents, abate the common nuisance and potential health hazards caused by second-hand smoke, and decrease conflicts among residents;
NOW, THEREFORE, be it resolved by the Board as follows:
- The above recitations are incorporated herein and made a part hereof
- Effective immediately, smoking as defined below, shall be prohibited on the common elements and limited common elements.
- Smoking is only permitted within the boundaries of the individual units and in any outdoor smoking areas that may be designated by Board of Directors from time to time (if any).
- Smoking in violation of these restrictions shall constitute a nuisance in violation of the terms and provisions of the Declaration of Condominium.
- As used herein, and as may be used in any other document governing the Association, the term “smoking” shall include the burning, inhaling, exhaling, breathing, carrying, or otherwise handling, controlling or possessing any lit or smoldering product in any form of cigarette, cigar, cigarillo, pipe, electronic cigarette, hookah, or other similar heated or lit product.
- All unit owners, tenants, occupants, agents, invitees, guests, friends, or family members, shall be governed by and shall comply with the terms of this Resolution, the Association’s governing documents, and any provision of the Florida Statutes as amended from time to time, and the provisions of all such documents shall be deemed to be incorporated herein. The Association may enforce the provisions of this Resolution by appropriate means, including, without limitation, the expenditure of funds of the Association, the employment of legal counsel, the commencement of legal actions, and the levying of fines and/or suspension for any violations in accordance with the Florida Statutes, as amended from time to time. In any
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PARADISE LAKES CONDOMINIUM ASSOCIATION, INC.
proceeding relating to the enforcement of this Resolution, the prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorney’s fees from the non-prevailing party, including costs and fees incurred in pre-suit enforcement efforts, and on appeal. 7. The failure of the Association to enforce this resolution shall not constitute a waiver of their right to do so thereafter.
IN WITNESS WHEREOF, the Board of Directors has adopted this resolution at a duly called, noticed and convened meeting held this 9’~ day of, 2019, and shall become effective immediately.
PARADISE LAKES CONDOMINIUM
BY:
Signed Robert A Moore
(Printed Name)
STATE OF FLORIDA )
COUNTY OF PASCO )
The foregoing instrument was acknowledged before me this 13th day of March, 2019, by Robert A. Moore as President of Paradise Lakes Condominium Association, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me and has produced as identification.
Lisa Caruso
Notary of the Public - State of Florida
My commission expires: 10/07/2021
(Signature)
(Title)
LISA CARUSO
MY COMMISSION #66115016
EXPIRES: October 7, 2021
RESOLUTION ADOPTING SMOKING RESTRICTIONS
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