Q. Is smoking allowed at our swimming pools? Our documents are silent. We are a private HOA and have 7 pools.
A. The Florida Clean Indoor Air Act addresses smoking in enclosed workplaces, but the statute does not address open areas such as swimming pools. The documents of the community could be amended to prohibit smoking in the common areas such as the pool areas. Since the language of the Clean Indoor Air Act does not apply, it is presumed that smoking is allowed in an outdoor pool area. You should check with the association attorney to discuss the possibility of amending the documents to prohibit smoking in the common areas.