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.
People taking it upon themselves to make up their rules is, well, civilization. Banning in public buildings, which you accept, is to protect people from smoke. In this case, the smoke was entering another person's apartment. People in that complex elected a HOA and that HOA deemed that against the rules.
It's not communist to believe that one's home is one's castle and that person should be able to smoke a stupid cigarette in his home that he owns.
I do have to admit though you gave me pause for thought. It does sound a lefty to complain about apt. to condo conversions. I just saw how completely sh%tty the situation was for my friend and then added the whole HOA and the "rules" that change whenever someone on the board is inconvenienced. It equaled out to quite a raw deal, but you're right freedom does also include the freedom to be a complete scumbag for a few bucks as long as the law isn't broken.
Thanks for making me think before i ran headlong down a murkey path.
Does it annoy you as much as me, that we finance their complete ignorance of this?
I think the common good has been abused by smokers for eons. The backlash now is well deserved.
This is a joke right?
(response redacted)
It's the same far left crap that's ravaging the country like AIDS ravages a body. It's "group" right vs individual rights. You have to have a group to have any rights any more. It's the same mentality that says you only rent your real property from the government and if they can get more rent from someone else they can take your property away from you and give it to the person or company who will pay them more rent.
Your turn's-a-comin', girly.
It wasn't hyperbole, it was an accurate translation. You probably just didn't like how shallow you seem to the rest of the thinking world.
Go peddle your "smoke is harmless" to people with asthma, respiratory disease and the spouses of heavy smokers who now have Bronchogenic carcinoma.
I am telling you second hand smoke is repellent to a non smoker. You may want to believe otherwise but I am telling you what I experience.
Brownies????
You must be losing the argument.
It is shallow to work hard, to want a nice house in a nice neighborhood. It is shallow to agree to common rules for living in a neighborhood. It is shallow to be a person who wants the old American dream. Getting rich is shallow to you?
Dude, the chip on your shoulder tells me you have given up on it.
How exactly am I giving up something I agree to? DUH.
Heaven knows it might come in handy to know a good mechanic some day.
If I wanted to live near a mechanic, I'd live next to a service station.
LOL,,
I think it has to do with the transient nature of home ownership here; many buyers are looking at around 5yrs. in occupancy, then moving on. It keeps the houses in the hood as interchangeable units. Development companies and megabuilders like that.
I think the issue that we are giving up rights is what is bugging the opposers to the point that they insult us.
They don't see it as civilized, to agree to restrictions on one's actions for the common good. This is sort of the bedrock of civilized living to me.
I'm sorry to tell you this but your personal preference to never be offended or have to put up with a few minutes of minor inconvenience is not really that important. Until people like you get over yourselves our government will continue to grow, nanny state legislation will continue to pass and people will lose liberty. Liberal politicians absolutely love people who think like you. They can fool you to give up more and more ground as long as it makes your life a bit more convenient. Your mindset brought us Political Correctness.
YUCK!
Alouette, have you ever considered parking your car outside? BTW, has your hubby ever complained about bathroom stink when he went second?
Perhaps.
I have never in over thirty years disagreed with the actions of our HOA's. Neighborhood deteriorate over time, they just do. Mine haven't.
I can see how some don't like it but it has always served me well. Urban living can be a constant irritant. People may not be made to live so close. I think the HOA deals with that.
Everyone seems to forget we elect our HOA board, we agree to their governance and they listen to us.
Oh spare me. Civilized people starting giving up their individual "rights" to coexist long before you and I were here.
My guess is if Moses came down the Mountain with a list of rules,,,you would scream bloody murder.
Rules enable us to live harmoniusly. Most of us.
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