Posted on 11/17/2006 10:46:11 AM PST by TheKidster
GOLDEN, Colo. -- A judge has upheld a homeowners association's order barring a couple from smoking in the town house they own.
Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.
"We argued that the HOA was not being reasonable in restricting smoking in our own unit, nowhere on the premises, not in the parking lot or on our patio," Colleen Sauve said. The Heritage Hills #1 Condominium Owners Association was responding to complaints from the Sauves' neighbors who said cigarette smoke was seeping into their units, representing a nuisance to others in the building.
In a Nov. 7 ruling, Jefferson County District Judge Lily Oeffler ruled the association can keep the couple from smoking in their own home.
Oeffler stated "smoke and/or smoke smell" is not contained to one area and that smoke smell "constitutes a nuisance." She noted that under condo declarations, nuisances are not allowed.
The couple now has to light up on the street in front of their condominium building.
"I think it's ridiculous. If there's another blizzard, I'm going to be having to stand out on the street, smoking a cigarette," said Colleen Suave.
For five years the couple has smoked in their living room and that had neighbors fuming.
"At times, it smells like someone is sitting in the room with you, smoking. So yes, it's very heavy," said condo owner Christine Shedron.
The Sauves said they have tried to seal their unit. One tenant spent thousands of dollars trying to minimize the odor.
"We got complaints and we felt like it was necessary to protect our tenants and our investment," said Shedron.
The Suaves said they would like to appeal the judge's ruling but are unsure if they have the money to continue fighting. They said what goes on behind their closed doors shouldn't be other people's business.
"I don't understand. If I was here and I was doing a lawful act in my home when they got here, why can they say, 'OK, now you have to change,'" said Colleen Suave. "We're not arguing the right to smoke as much as we're arguing the right to privacy in our home."
Other homeowners believe, as with loud music, that the rights of a community trump the rights of individual residents. The HOA is also concerned that tenants will sue those homeowners for exposure to second-hand smoke and this could be a liability issue.
The couple said that they would like to unload their condo and get out of the HOA entirely, but they are not sure if the real estate market is right.
Groups of people coming together to make rules/law to govern themselves runs contrary to the ideals upon which this county was built?
Do you live outside the United States? Do you belong to ANY clubs and organizations?
That's just a ridiculous statement.
There would not be a problem if their house were detached. Since it isn't others can be irritated by the ciggie smoke. I do have problems with the smoking ban being imposed after they had moved in
One day shortly after she started, I was in a closed storage room where the door was constantly kept locked, showing her our filing system. (This was back in the "paper days" when everybody had those big file cabinets, for those of you who don't remember).
I remember opening the top drawer of one of the filing cabinets, and she recoiled like she'd been pepper-sprayed. I already had her pegged for a weirdo, but I asked her what was wrong anyway, to which she replied "CIGARETTE SMOKE JUST CAME OUT OF THAT DRAWER!".
I pointed out that the only people allowed in that space were the people in our department, and that none of us smoked, and that I doubted that anybody snuck in their and blew smoke into the filing cabinet to poison her.
She didn't last long. Smoking was only one of a long list of things that bothered her. I think she was basically allergic to human contact.
Bingo!
Where were you 137 posts ago? :-)
No the (HOA) concept itself runs counter to the ideals upon which this country was built.
The HOA is an ongoing form of neighborhood self-government. You can't complain about the "temrs and conditions" changing any more than you can complain about the local school board raising taxes.
Rules are rules and people who buy homes in an HOA voluntarily agree to continue to live under the governance of the HOA.
SD
How do they prove it is in their house. Probably isn't proved, They just said it was. Well, if they smoke outside then it isn't in their house. I know, its in their air. Geez, we all may die at the hands of Muslim extremism. Hey, I'll take the smoke. Beats burning autos to the tune of 300 a night. How did we all live through the last 50 years? Amazing
HOAs are for born socialists who can't get enough government in their lives.
I feel bad that a person can't just knock on their neighbor's door, say "Excuse me, but your cigarette smoke is coming through the wall into my apartment." and the smoking neighbor take care of the problem. How? I don't know how. But it seems like that should be the way this is taken care of. No rules or laws...just common courtesy.
What does it say about our society that problems like this can't be solved without rules and lawsuits?
There are smoke sucking units for under $1000. The association should buy this couple one since the smoking ban was not in effect when they bought in
Unfortunately I have to agree with you about smokers and Israel.
HOAs are for born socialists who can't get enough government in their lives.
Land of the Free, Home of the Brave.
Your thesis then is that there was never any smoke that infiltrated the other units and they did this all as a lark and a ruse to persecute poor, innocent clean-air-generating smokers?
Paranoid much?
Why not just believe that when your smoke bothers the neighbors and penetrates their homes, you need to do something about it? Don't you believe in taking responsibility for your actions?
SD
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The rules were changed....who doesn't read the whole post?
Sorry, you didn't deserve that. I seemed an elitist attitude. I still don't see the problem though, other than it may seem to make the area look more blue collar.
I categorize this under, "you knew the job was dangerous when you took it".
By joining a homeowners association, you voluntarily give up a lot of rights. That's why I don't.
I think you have nailed it.
The concept of quiet enjoyment of the OTHER people is being lost here.
These people were smoking so much that it was permiating the walls of their townhouse. I bet if they had bought air scrubbers so their smoke would not permiate or did some action to keep the smoke from passing through it would have kept them out of trouble.
It is like the neighbor who blasts the stereo at 2am.
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