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.
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.
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.
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.
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.
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.
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.
EXCUSE ME???????????
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.
I have no problem with no smoking in public buildings. When they move into private buildings then there is a problem.
I don't care who you are, that's funny stuff!
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.
aww im so sorry :(
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 . . .
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.
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.
Bite me :)
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.
I really think we should give some serious thought to admission standards.
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