HOA Rule Forbids Couple To Smoke In Their Own Home Judge Upholds Homeowners' Association Order

TheDenverChannel.com ^ | 11/16/06 | TheDenverChannel.com

[cajungirl]

My comfortable, convenient life is not a right, I agree.

It was bought and paid for and constructed with care and with good decisions. And with working my butt off. And living in a place where everyone agrees to a reasonable degree on what makes a good neighborhood/neighbor.

And second hand smoke is repellent. If you ever saw an asthmatic exposed to it start to wheeze you would know it is unhealthy. People can smoke all they want, I don't care, but they have no inherent right to impose it on others.

[patton]

Don't be - we value your input. Even when we are at odds.

Ozone non-carciogenic? Are you kidding?

I am really serious - that stuff makes me gag, just on the smell.

And you can smell it. It makes my nose bleed.

My 5-yo said, "Daddy, my mouth tastes like copper."

Blood.

[Gabz]

I don't blame you. I have come to the conclusion it is rather hideous. But unfortunatley I have to live with it a while longer, long enough that tomorrow I am even going to break down and reopen one of the cans to do some touch up work.

[dangerfield]

"your right to smoke is absolutely yours. ....Surely you do not think you have the right to share your decision to smoke with me?"

That is unassailably logical, a home-run, and it's why indoor smoking in public buildings is OVER. I'm a smoker but I knew when the anti-smokers began to make progress, they were right. Never mind if the second hand smoke studies are bogus (if they are), it's still nauseating to a lot of people.

I stopped smoking for ten months and by that time could smell someone lighting a match three floors down in my house. I was sickened. Thankfully I smoke again and don't have to be pissed all the time. LOL. It's good protection.

And of course if it is in the condo agreement when you BUY...well, I haven't read all this thread, it's too obvious. We're free to form our associations. One set up to shut out noxious fumes seems pretty damned obvious.

[cajungirl]

HOA's are limited. They can go to court and ask a judge to enforce rules. They cannot forclose or kick people out. They are elected by the people they serve. Actually for a HOA to take action, it takes a long time to get anything done. That is why most do very little until something is egregious.

[Howlin]

I think the issue that we are giving up rights is what is bugging the opposers to the point that they insult us.

The more I read, the more I'm glad I'm in a HOA; I'm alreayd imaging just what some of these people's yards/houses must look like...............LOL.

[Gabz]

Poor old Gabz; makes herself such an inviting target.

EXCUSE ME???????????

[GretchenM]

+

[been_lurking]

I think that the one causing the problem needs to be the one to alter their behavior.

Smoker's would say that your complaints are the problem. In that case, you would have to "alter your behavior" and stop complaining.

Hoisted on your own petard -- so to speak.

[Gabz]

That is unassailably logical, a home-run, and it's why indoor smoking in public buildings is OVER.

I have no problem with no smoking in public buildings. When they move into private buildings then there is a problem.

[TheKidster]

I don't care who you are, that's funny stuff!

[been_lurking]

If you ever saw an asthmatic exposed to it start to wheeze you would know it is unhealthy.

So is automobile exhaust. When are you and your HOA going to outlaw automobiles in your neighborhood? Failure to do so only reinforces the impression of hypocrisy.

[leda]

aww im so sorry :(

[Ieatfrijoles]

When they came for the women who wore Jenteu(sp?),I said nothing. Because I didn't like the smell of those particular women. When they came for . . .

[Howlin]

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.

And you seem hell bent on forcing people to see whatever it is you think is so wonderful about the ugliness that non-zoning laws bring.

[Old Professer]

I know you're trying to be cute and provocative, but seriously, ozone is non-carcinogenic simply because it reacts immediately with any organic material it comes in contact with and reverts to ordinary oxygen and that wild cousin Atom having his merry way with all the loose girls around.

If you're so worried about ozone, you had better move back at least four feet from your computer monitor.

[Gabz]

Bite me :)

[cajungirl]

Oh darn, and I was just starting to have fun.

THe world isn't here to serve me or make life easy or convenient. I worked to get my life convenient and easy. And I hire service if I need it. If my whims are personal, it is passing strange that the members of my communities, the two I have lived in, share my whims.

I like a nice neighborhood, I like a nice house. I like knowing I won't be hearing music all night, the house next door won't be paiinted chartreuse, my investment in my house won't be eroded by a failing neighborhood.

Not only do I like it, I paid for it.

[Radix]

It is odd.

I have never smoked in my life, and I work with COPD patients all of the time.

I think smoking is stupid just as much as voting for Democrats is stupid.

I would never impose my preferences on anybody else unless they were in my home, my yard, or my car. Well, I would not let my little brother smoke around me but he died anyhow because of a smoking related illness. He did not care so much for my opinion of his stupid obscene habit.

I might not like people smoking around me, but hey I might not think very highly of tattoos either.

Besides, I'm sort of liking the idea of a new car every few years or so, and a few trips to the Caribbean.

Fools can smoke all day if they choose as far as I am concerned. It is good for business. I have already endured enough personal ache because of that stupid practice.

Besides, I ain't Santa Claus.

[Old Professer]

I really think we should give some serious thought to admission standards.