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.
You are it appears the sort of person who believes that you can actually own the beach.
Down in Plymouth, Mass. there were some folks who bought beach view property up on a hill a while back, and then natural erosion took away their yard and threatened their actual home.
Naturally they called for me and other taxpayers to help solve their problems because the beach decided to take over their private property.
I think that gnomes and such are quite tacky, and I despise the fact that my neighbor has them in his yard. I also hate the traffic. I'll move in time, but meanwhile, I respect the rights of people to be ignorant, stupid, and happy, as long as they stay out of my yard.
Someday I'll buy a yard big enough to keep their bad taste from my line of sight.
Meanwhile, it is live and let live.
I am certainly no supporter of a Nanny State, but I live in an apartment and the cigarette smoke from the unit underneath me is unbearable at times. I have purchased two Ionic Breeze air purifiers and they do help to some degree, but the odor is so pungent that my place still stinks. If a person wants to smoke in their apartment, fine, but only as long as it doesn't invade my apartment space.
Smokers can go outside to smoke. I really resent those who tell me that I should be the one to go outside for a breath of clean air.
I don't want smoke in my lungs, so I don't smoke or go to smokey places. I don't believe in telling bars that they have to go smoke free, etc. But I have to live somewhere, and on some days I am inside for many hours and I am forced to participate in a filthy habit that could be done just as well outside. Common sense needs to prevail here, and I think that the one causing the problem needs to be the one to alter their behavior.
I sure hope not.........I've got a whole mess of green paint to get rid of...I'll even give it to you :)
Probably more than you..........
But the question should be does it annoy you as much as me, that so much ignorance is shown on FR?
You have that backwards, my good woman. It is the intolerance of the rights of others you show that will bring upon the backlash.
I have no problem with wealth, I certainly wouldn't be considered poor. I make enough to buy pretty much what ever I want when i want it. I have no problem with hard work, good choices and the rewards these bring. That's what is so great about the USA, everyone has the chance to create thier own path to success. I don't have a problem with kids inheriting what thier parents worked to accumulate for them either, again that's what's great about America. In 1 or 2 generations a family can freely go from poverty to great wealth and vice versa mostly according to thier own efforts.
No i don't have class envy, i don't even have a class mindset, but you do.
Your posts come across as elitist, and you go out of your way to ensure that everyone on this thread knows that you are "upper class", that you paid a lot for your house and that you are rich. You also make sure people know you won't abide the sight of anything associated with what in you mind is "lower class" in your expensive neighborhood.
Stop defending something nobody is attacking. You have a persecution complex. No I won't acknowledge your believed superiority based on wealth and i won't accept your assertion that those you perceive to be less wealthy are less than and jealous of you.
Do you realize how ignorant you are?
Those things are desinged to emit ozone, a leading cause of cancer.
Have at it, but please stop voting.
Go peddle your nonsense to people who have NOT been brainwashed by multi-billion dollar lies.
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.
I am telling you ignorance is repellent to those who have done their research. You may believe otherwise but I am telling you what I have researched and experienced.
Sorry no it's not and now that you've probably read some of the posts defending this I bet you asked that question a dozen times.
Welcome to the Commons.
I think you missed my point. They are not the government therefore have no right to impose laws on others, that is why I clearly stated SCOTUS has to take the issue up. HOA have also ruled that Flags could not be flown which were overturned by SCOTS as were Christmas displays.
If I am correct I could be wrong, it is my belief that this more then likely came about after a few old biddies/gossips said hey lets ban smoking knowing all along they could not smell it themselves, yet they took it upon themselves to ban it.
And again I would ask how can they ban something that is legal to use. The answer is they can not because they are not elected lawmakers.
Essentially what we have here is a catch 22 situation that needs addressing to resolve, just being politically correct because others do not like it is wrong.
If it contains lead, I will take it. ;)
Your sentence makes no sense. Do you mean, "How exactly am I giving up something I agree to [give up]?"
Self contradictory. Duh.
Or do you mean, "How exactly am I giving up something [when] I agree to [the contract]?"
Because what you have agreed to do is to give up some of your property rights to the HOA. Duh.
Or do you mean, "How exactly am I giving up something I agree to [property rights]?"
Because they are more circumscribed than they would be without the HOA covenant. Duh.
It sounds to me you need to talk to the apartment management - there is obviously something wrong in the structural elements of the building.
BTW, who lived there first, you or the smoker? If it is you, I would complain loudly to the management about the problem. If not, well.........
What side of your bed collapsed this morning?
Ozone doesn't cause cancer; we need to give up on public schools and burn all literature published since 1933.
Nope, no lead.........but the color is really out there. What was I thinking?
Are you kidding? Ozone is non-carciogenic?
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