I was asked to update some of my prior articles about smoking. Here is a revised version of this article from June 27, 2005.

Under Hawaii Condo Law, most condominium associations can prohibit smoking in the common elements. Hawaii Revised Statutes ยง514B-104(a)(1) states that Associations have the power to adopt and amend rules and regulations (ofter called house rules). Most condominium bylaws allow the Board of Directors to adopt house rules. That means that the Board can normally adopt or amend house rules regulating smoking in the common elements.

In addition, county ordinances and state laws may require associations to prohibit smoking in some of the common elements. The Honolulu smoking ordinance is located in Chapter 41, Article 21 of the Revised Ordinances of Honolulu. The Maui smoking ordinance is located in Chapter 8.20 of the Maui County Code. The Kauai smoking ordinance is located in Section 22-8.2 of the Kauai County Ordinances. The Big Island smoking ordinance is located in Article 4 of Chapter 14 of the Hawaii County Code. The Hawaii State Smoking Law is located in Hawaii Revised Statutes Chapter 328J.

Smoking is prohibited in elevators that are generally open to and used by the public in all counties. Smoking is also prohibited in enclosed or partially enclosed areas within the condominium that are open to residents (excluding the units) in all counties. These areas can include the lobbies, hallways, stairways and waiting areas. The counties define enclosed or partially enclosed areas slightly differently. In Honolulu and Kauai, an area that has one wall and one roof or overhand is enclosed or partially enclosed. In Maui, an area with a permanent or temporary covering including a roof, awning, canvas or overhand is enclosed or partially enclosed. On the Big Island, an area with a roof or overhang and at least two walls is enclosed or partially enclosed. “No Smoking” signs must be placed in the areas where smoking is prohibited by ordinance. In addition, under the statewide smoking law, smoking is prohibited at least 20 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed or partially enclosed area where smoking is prohibited.

I discuss whether condominium associations can restrict smoking in the units in this article.

10/03/07: added link to the article on smoking in units.