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.
They just need to switch from tobacco to marijuana.
Then they would be hailed as patriots for standing up against the man/system.
Coming up next: perfume. You will not be able to wear it in public, then it will be forbidden in your own home.
They should take a long vacation after filling their unit with a ton of dead fish. See if their neighbors prefer that smell.
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.
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?
Sell the condo and find a house! Byers market...
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.
HOAs are inherent compromises of personal liberty, and are to be avoided at all costs.
And soon after that ... underwear?? Sorry - bad joke! ;-)
Insanity.
How about curry in a townhome, can people cook it 24/7?
next.
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??
Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.
Or smoked fish ???
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.
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.
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