Regulations of Smoking Indoors

Due to the known adverse health effects of secondhand smoke, the increased risk of fire, and the negative economic impact that smoking imposes on the property values of all owners, smoking shall be prohibited in all enclosed areas of The Gayle Condos both private and common, whether enclosed or outdoors. This includes, but is not limited to, all common areas, individual apartments, hallways, stairs, rooftop, laundry room, boiler room and any other enclosed areas. This policy applies to all owners, tenants, guests, employees, and servicepersons.

If there are current residents of The Gayle Condos who are both a) owners of a unit in The Gayle Condos and b) current smokers prior to the adoption date of this smoking regulation, these residents shall be designated as “Grand fathered residents.” Grand-fathered residents may smoke within their units, but may not smoke in common areas, hallways, stairs, rooftop, laundry room, boiler room, or any other enclosed area.

Non-occupying Owners/ Landlords shall be 100% responsible for any fines incurred by their tenants who break the rules governing the smoking ban.

In the event any condominium property under the jurisdiction of the association is to be sold, rented or leased to another person, the current condominium owner shall be required to notify the new owner/tenant of the 100% smoke free policy. In the event any condominium property under the jurisdiction of the association is sold by owners who are "grandfathered" per clause 2, the new owners of that condominium property will not retain the grandfather exemption.

Notwithstanding any other provision of this regulation to the contrary, smoking shall be prohibited in all enclosed areas of The Gayle Condos except that “Grand fathered residents” shall be allowed to smoke only in their individual apartments. Smoking by “Grand fathered residents” shall be prohibited in all areas as noted above in Item #1 including all non-Grand fathered residents' apartments.


All tenant leases shall include the following New clause:

“Persons entering into a contract to lease a unit in The Gayle Condominiums shall be subject to all existing Declarations, CC&Rs, and rules etc., and any future amendments made to Declarations, CC&Rs, and rules governing this building. Any violation of these Declarations, CC&Rs, and rules shall violate this lease.

Current leases that are month to month shall implement the New clause 60 days after passing of the Smoking Ban limits and rules.

Other current leases shall at expiration and before signing of any new lease shall add the New clause.

If at any time a lease converts to month to month tenancy, #3 shall be applied.

Amendment to be added to the Declarations:

Owners who are landlords shall supply the board with a copy of their tenant's existing lease to be kept on file at all times. The landlord shall notify the board in writing of any

Amendments or extensions made to the lease. Failing to supply a copy of the lease or updated leases shall incur a fine of $150 per month to be enforced as a special assessment until lease is delivered to the board.

Any direct contact initiated by a landlord's tenant with a board member regarding building business or that owner's unit shall incur a fine of $25per interaction to be enforced as a special assessment payable by the landlord/ owner. (Board members are not rental managers. Owners are responsible for all their tenant's issues.)

Methods for investigating and determining a smoking ban violation:

In order to determine if a resident has violated the rules governing smoking in their private residence, the complainant and a member of the board shall confront the offender by knocking on the door of the suspected unit and determining from there based on smell or visual confirmation if in fact the resident is smoking in their unit. Should the resident decline to answer the door, then the complainant and the member of the board, based on a reasonable preponderance of evidence not to include visual confirmation, shall determine whether or not a violation has occurred. If in fact it is determined a violation has occurred, the Association shall be granted the power to fine the offending owner or non-resident owner responsible for tenant's actions per #3 in “regulations of smoking indoors”. In order to determine whether or not a resident has violated the rules governing smoking in common areas, at least two owners must witness the resident smoking in the common areas and report it to a member of the board. The witnessing and reporting by two owners shall be deemed evidence enough for the Association to fine the offending owner or non-resident owner responsible for that tenant's actions.

Fines imposed:

In the event an owner or tenant breaks the rules governing smoking in the Gayle the consequences will be as follows:

  • First offence: verbal warning issued by the Association to the Owner.
  • Second offence: written warning issued by the Association to the Owner.
  • Third offence: $150 fine issued by the Association to the Owner.

Any and all subsequent offences shall incur a $250 fine issued by the Association to the Owner.

Any fine imposed upon any member of the association shall become a special assessment in accordance with the declaration below.

Special Assessment

The Association shall levy a Special Assessment against any Owner of a Residential Apartment or Condominium when as a direct result of the failure of said Owner to comply with these Covenants and Restrictions, Declarations, the Association Rules, or other governing documents. Such Special Assessment shall be in the amount so expended, and shall be due and payable to the Association when levied.

Assessment Lien and Default in Payment of Assessments

(This would also apply to failure to pay association fees which has been an issue in the past.)

Each assessment shall be a separate, distinct, personal obligation of the Owner against whom it is assessed. If the Owner does not pay such assessment when due, the Owner shall be deemed to be in default, and, in addition to any other remedies herein or by law provided for the enforcement of such assessment obligation, the Association may enforce each such obligation as follows:

(1) Within sixty (60) days after the occurrence of any such default, the Association may give a notice to the defaulting Owner, stating the date of the delinquency and the amount of the delinquency. Delinquent payments shall bear interest at the rate of nine percent (9%) per annum from the due date thereof. If such delinquency is not paid within ten (10) days after the date of such notice, the Association may file a claim of lien against the property of such defaulting Owner. The amount of any such delinquent assessment plus interest thereon at the rate of nine percent (9%) per annum and costs of collection thereof (including attorneys' fees) shall be and become a lien against the property of such defaulting Owner immediately upon recordation of a notice of default in the Office of the Recorder of King County. Such notice of default shall state, (1) the name of the defaulting Owner, (2) a description of the property against which claim of lien is made, (3) that the claim of lien is made pursuant to these Covenants and Restrictions in an amount equal to the delinquent assessment and other charges as provided herein, and (4) the right of the Owner to cure the default.

(2) Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a mortgage under power of sale. In the event such foreclosure is by action in court, costs and reasonable attorneys' fees shall be allowed. In the event the foreclosure is under power of sale, the Board, of any person designated by it in writing, shall be deemed to be acting as the agent of the Association for conduct of the sale and shall be entitled to expenses and to such fees as may be prevailing at the time the sale is conducted or as may be allowed by law.

Notices; Documents; Delivery

Any notice or any other document permitted or required by these Covenants and Restrictions to be delivered may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United States mail, postage prepaid, addressed as follows: if to an Owner, at the address from time to time given by such Owner to the Association for the purpose of service of such notice, or, if no such address has been so given, then at any condominium within the Development owned by the Owner; provided, however, that any such address may be changed from time to time by any Owner, by notice in writing, delivered to the Association.

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