New Anti-Vaping Laws at my Apartment Complex

[matzo]

Here is the verbatim amendment to the rules and regulation for the apartment complex where I live: "Smoking of any substance (including the use of devices that stimulate the act of smoking if the device discharges smoke, such as certain electronic cigarettes) is prohibited throughout the project, including the apartments and lanais."

My question for you, dear forum members: Does a typical e-cigarette, like the ego-C which I am currently using, "discharge smoke"? It has always been my understanding that the vapor produced by most e-cigs is not the same as smoke. If this is correct, can anyone here point me to some form of evidence that I could leverage in the event that I am fined for vaping in my apartment once the new amendment goes into effect?

Thank you all!

 

[Sgt.Rock]

Vapor does not equal smoke.

However...lawyers can be expensive.

Vape unflavored or light flavors which emit no odor and nobody will ever know...

 

[twgbonehead]

Here is the verbatim amendment to the rules and regulation for the apartment complex where I live: "Smoking of any substance (including the use of devices that stimulate the act of smoking if the device discharges smoke, such as certain electronic cigarettes) is prohibited throughout the project, including the apartments and lanais."

My question for you, dear forum members: Does a typical e-cigarette, like the ego-C which I am currently using, "discharge smoke"? It has always been my understanding that the vapor produced by most e-cigs is not the same as smoke. If this is correct, can anyone here point me to some form of evidence that I could leverage in the event that I am fined for vaping in my apartment once the new amendment goes into effect?

Thank you all!

No, e-cigarettes of the kind discussed here do not emit smoke. And apparently whoever drafted that rule understands this, since vaping does not seem to be prohibited.

I believe the "certain" electronic cigarettes they are referring to are the kind used for "other stuff".

 

[InTheShade]

Technically they do emit vapor, but you're pretty much on a hiding to nothing with this. Even if you can categorically prove that e-cigs do not emit smoke, they'll just change the rule again.

It's crappy, but their apartment, their rules.

Maybe, you could go to CASAA - The Consumer Advocates for Smoke-free Alternatives Association and get some good information and approach the HOA (or those that are making the rules) in a reasonable way and ask for clarification about which e-cig products are prohibited and ask them to reconsider if they mean regular vaping.

Usually in these cases though you have four choices. Comply, appear to comply but vape anyway, ignore the rule and possibly get evicted or find somewhere else to live.

Sorry this is happening, I find it incredible that they can legally ban vaping in your own residence, but they can.

 

[tj99959]

Use a nice light fruity flavor and they will thank you for using such a nice air freshener in your apartment.

Bought a bottle of "Buttered Popcorn" once. Seemed like every time I vaped it my wife tossed a bag of popcorn into the microwave. Is there a rule against popcorn in your apartment?

 

[BlkWolfMidnight]

Howdy,

As long as your not chucking weather storm sized clouds or attempting to recreate the legal vape 4000 then a small dish towel to catch the vapor will work just fine. As for the rule its a bit badly written at best and I'd ask for clarification on the rules before happily announcing that you vape in your place without trying to be discrete about it.

Worse case unflavored nic base will have a minimal smell impact and likely won't get noticed.

 

[Iffy]

...such as certain electronic cigarettes...

I believe the "certain" electronic cigarettes they are referring to are the kind used for "other stuff".

I agree! Why would anyone use da word 'certain' instead of 'all'?

 

[Wruff]

I'd just vape my friggin' brains out in the privacy of my apartment as usual.

 

[matzo]

Thank you for the quick replies everybody. I agree that the amendment is poorly written, which suggests that those who created these new rules have at best a rudimentary understanding of how e-cigarettes work. This in turn makes me wonder why someone with little understanding of e-cigs would feel entitled to ban them. As long as there is no harm to the apartment or my neighbors, why would they even care? To take a more extreme example, what if the apartment association decided they don't want informed tenants and therefore ban reading? Surely there would be a way to challenge such an infringement on one's liberty.

Regarding some of the specific suggestions, fortunately I already vape unflavored nic base, but I frequently sit on the lanai in plain view reading my books. I don't blow huge clouds, but if someone were to look very closely, they might see me taking small drags of m e-cig. Now granted, I could sit inside, close the curtain and no one would ever know. But this is precisely what makes the absurdity of the situation so obvious. Nobody is likely to be bothered or harmed by my activity, so why is it necessary to infringe on my rights in this manner?

And yes, I could ask for clarification about the poorly-worded amendment, but in that case I might just draw undue attention to myself and inadvertently assist the association in producing a new amendment that more effectively bans e-cigs in the complex.

Ultimately, I am hoping that my case is just an isolated incident and not part wider offensive in the "war on vaping."

 

[caramel]

I am reading it as covering "certain" e cigs i.e. those that emit "smoke". They definitely exist, but the rules here prohibit further discussion of them.

My advice: vape something that smells like freshly baked sweets and don't let the curmudgeons/prohibitionists see you at it. Cloud chasing in the lobby will certainly attract their ire.

The rules as they are now are actually better than saying "all e-cigs". In case you get caught and challenged over it, you can plead "misunderstanding" - "oh sorry, mine emits "vapours" not "smoke", didn't know it was covered too.

 

[sofarsogood]

College campuses are enacting ecig bans that even extend outdoors to the grounds. What's going to happen is a lot of that will be ignnored when no problems are created. There is a high end microbrewery near me. I talk to the manager occaisionally. He tells his servers it will be case by case. When people are discrete and nobody is complaining it will be tolerated. This sensible approach is what you get when we the people work things out. The government should shut up and get our of the conversation.

 

[SupplyDaddy]

" if the device discharges smoke " Not smoke.. no rule broken.

 

[EBates]

Read the lease that you signed. Making up the rules 'as you go' may violate your lease agreement.

 

[BrushyHillGuide]

My advice: only vape within the confines of the apartment and not on the lanai. Unless you want to provoke a confrontation and are willing to move. It's inevitable that a confrontation will occur at some point. It's a cruddy situation but if you don't own the property you don't get a say in the rules - no matter how stupid they may be.


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[caramel]

Nobody is likely to be bothered or harmed by my activity, so why is it necessary to infringe on my rights in this manner?

Because of "The Children". There's nothing you can do about it though.

 

[Runamok3x]

The rule is poorly written but anyway
Just buy some scented candles and no one will ever know.
Backwoodsbrew sells matching scented candles for most of their juices.

 

[The Dog Guy]

All this aside a advanced personal VAPORIZER discharges vapor, as does a nebulizer or vaporizer. If they try to ban your mod anyway run juice through a vaporizer and dare them to ban that piece of medical equipment!!
Just use your discretion and they would leave you be. Vape by the pool and they will be all over you

 

[Rickajho]

Read the lease that you signed. Making up the rules 'as you go' may violate your lease agreement.

Only until the lease is up for renewal, at which point any and all terms can be changed. You can win the battle - but only for a matter of a few months.

That being said, the terms the OP are quoting are so cryptic and obtuse they aren't enforceable either. I would like to see that argument made in a Housing Court for terminating a lease. "Your Honor, you know, we think he was smoking one of those certain e-cigarettes."

 

[AndriaD]

I'd probably just move, rather than remain at the mercy of ignorant fascists.

Andria

 

[The Ocelot]

If you "violate" the rules, what can they do? Probably fine you, but if you didn't pay their only recourse would be to file an Unlawful Detainer. They would have to go to court to do that and you are allowed your say. With your lease agreement, their cryptic notice and documentation about e-cigs in hand, I don't think they would win. And you could alert the media!