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HOA Rule Forbids Couple To Smoke In Their Own Home Judge Upholds Homeowners' Association Order
TheDenverChannel.com ^ | 11/16/06 | TheDenverChannel.com

Posted on 11/17/2006 10:46:11 AM PST by TheKidster

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This is an interesting ruling, it boils my blood but I'm interested in hearing how others feel about this ruling against personal freedom and property rights in favor of "the common good".
1 posted on 11/17/2006 10:46:14 AM PST by TheKidster
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To: TheKidster

They just need to switch from tobacco to marijuana.

Then they would be hailed as patriots for standing up against the man/system.


2 posted on 11/17/2006 10:47:43 AM PST by nhoward14
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To: TheKidster
complaints from the Sauves' neighbors who said cigarette smoke was seeping into their units,...

seems more like property rights vs property rights
3 posted on 11/17/2006 10:48:36 AM PST by stylin19a ("Klaatu Barada Nikto")
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To: TheKidster

Coming up next: perfume. You will not be able to wear it in public, then it will be forbidden in your own home.


4 posted on 11/17/2006 10:48:52 AM PST by 3AngelaD
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To: TheKidster

They should take a long vacation after filling their unit with a ton of dead fish. See if their neighbors prefer that smell.


5 posted on 11/17/2006 10:49:26 AM PST by Teflonic
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To: TheKidster

This is an interesting ruling, it boils my blood but I'm interested in hearing how others feel about this ruling against personal freedom and property rights in favor of "the common good"."

The common good is being abused everywhere, and there will be a backlash, IMO.

What's next? Declaring what you can eat so that your fart smells don't permeate the common areas??? BEANO for all, mandated and unfunded....

I am so sick of the Mommy laws, and I don't smoke nor drink. Personal freedoms are being taken everywhere. For the children: I want to strangle all the little creeps.


6 posted on 11/17/2006 10:49:49 AM PST by ridesthemiles
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To: TheKidster
this ruling against personal freedom and property rights

They had the personal freedom not to buy into an HOA property and they had the personal freedom not to voluntarily cede part of their property rights to the HOA.

They have zero grounds for complaining.

Who buys a home, the biggest investment of their lives, and doesn't read the fine print?

7 posted on 11/17/2006 10:50:01 AM PST by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: TheKidster

Sell the condo and find a house! Byers market...


8 posted on 11/17/2006 10:51:14 AM PST by Edgerunner (Better RED than DEAD)
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To: TheKidster

I have lived in a lot of apartments and have never noticed a problem. Maybe they need to look at the structure of the building. Either way, if it was allowed when they moved in , they shouldn't have to stop IMO.


9 posted on 11/17/2006 10:51:24 AM PST by CindyDawg
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To: TheKidster
...after their condominium association amended its bylaws last December to prohibit smoking.

HOAs are inherent compromises of personal liberty, and are to be avoided at all costs.

10 posted on 11/17/2006 10:51:25 AM PST by Petronski (BRABANTIO: Thou art a villain. IAGO: You are--a senator. ---Othello I.i.)
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To: 3AngelaD

And soon after that ... underwear?? Sorry - bad joke! ;-)


11 posted on 11/17/2006 10:51:39 AM PST by Ken522
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To: TheKidster

Insanity.

How about curry in a townhome, can people cook it 24/7?


12 posted on 11/17/2006 10:51:54 AM PST by word_warrior_bob
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To: TheKidster; leda; Gabz; SheLion

next.


13 posted on 11/17/2006 10:52:12 AM PST by patton (Sanctimony frequently reaps its own reward.)
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To: nhoward14

They just need to switch from tobacco to marijuana.

Then they would be hailed as patriots for standing up against the man/system."

Good point:
On the Nov Nevada ballot we had 3 items:
Anti-smoking (1)
Legalizing MJ (2)

I couldn't understand how it was expected to work: If they legalized the MJ and passed the laws to stop smoking everywhere, then how was the MJ supposed to be used?
Can anyone explain this??


14 posted on 11/17/2006 10:52:13 AM PST by ridesthemiles
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To: wideawake
Sounds like it may have been after-the-fact...

Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.

15 posted on 11/17/2006 10:52:34 AM PST by TheBigB (Do you think "Lady in the Water" is in Ted Kennedy's NetFlix queue?)
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To: word_warrior_bob
How about curry in a townhome, can people cook it 24/7?

Or smoked fish ???

16 posted on 11/17/2006 10:53:01 AM PST by 11th_VA
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To: 3AngelaD
What about kids? Listening to them cry or scream could be considered a nuisance by singles. Are they going to have to keep them on the curb?
17 posted on 11/17/2006 10:53:24 AM PST by CindyDawg
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To: TheKidster

The psychotic antis are mentally ill and cannot be appeased. They must be stood up to and forced to back down. No more being "polite." Politeness has gotten us to this point.


18 posted on 11/17/2006 10:53:57 AM PST by mysterio
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To: TheKidster
Looks what one Texas State [Senator Rodney Ellis (D) Houston] wants to do here. His bill would ban smoking in all public places and work sites.

Senator proposes smoke-free workplace law (TX State)

19 posted on 11/17/2006 10:54:40 AM PST by Arrowhead1952 (The terrorists have many allies in the United States, especially in the democrat party.)
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To: TheKidster

When you live in multiunit houses, you accept that you can't do things that infringe on the rights of your neighbors, whether that is playing loud music, remodeling the interior walls, cooking indian food, running a business out of the home, smoking, etc. They need to live in a detached house.


20 posted on 11/17/2006 10:54:42 AM PST by Kirkwood
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