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.
lol! :)
My son worked for a guy who sold security doors and windows; one day a guy called and asked if he had the company selling "do-it-yourself prison kits" and my son blithely answered, "Yes!"
Hey, they will be calling you names soon.
I have the sense I am dealing with teenagers.
;)
Well, the govt is dealing with automobiles and emissions.
I thought you would understand, I'm on your side in this argument based on logic but you don't see that logic is wasted on the helplessly dependent.
HOAs are ostriches burrowing for higher ground.
They cannot forclose or kick people out.
They can by voting to impose a fine of say $1,000 per day. Then when a month or two goes by they sue and forclose.
Again, if you agreed to that upfront, fine. I think it is a bad decision but definitely not the end of the world. The problem comes when you are the target of a personal vandetta and these tactics are used against you to make you pay for a personal grudge. If there are enough people in the clique then the rules start to change specifically to target the percieved enemy. Thank GOD this hasn't happened to you but it could if you piss off the right nosey old busy body.
As far as smoking goes, outside in the open air or in your own home are completely acceptable. You breathe more harmful substances when you clean your bathroom than when a guy next to you lights up for 5 minutes.
Smokers should be considerate and not smoke in a dense crowd or around a bunch of kids. Also, a simlple "do you mind that smoke is bothering me" is a lot more reasonable than leveraging the force of government to ban the use of a legal and heavily taxed product.
Sorry, it's been a long day, and the illogic I am reading here is fogging the brain!!!
In fact I think I will call it a night and pick this up in the morning........maybe.
You sold me, pass the Chaw!
I is carcinogenic precisely because it is so reacitive.
Don't believe me? Go straddle a nuke.
i'm not talking about non zoning laws. i'm talking about your obvious sense of superiority based on the price of your house.
HOA/s cannot impose fines. All they can do is go to court and ask a judge to enforce the rules.
The smoking issue started with the HOA changing the rules because the building leaked smoke from one apt to another. Someone said "call the builder",,,that doesn't happen when you live in an old building. The owner are the condo association and apparently the expense of smoke proofing apartments must have precluded doing it.
The assumption that HOA's are used for "biddies" and "vendettas" is alien to me. I have for 35 years lived in areas with HOA'a and have never seen that. The only power they have are enforcing rules and that is hard, I have seen it go on for years before something is corrected.
I was going to ask what your plans were after grade school but I went to your homepage and read your thumbnail; I guess you are just having a bit of fun.
Its a joke, OP. You know: lab rats, exposed to massive levels of substance X not to be found in nature, get cancer, so we must ban substance X! Help, Help, call the class action lawyers!
People should not be proud that they got a nice house and had the means to pay for it???
It is a superior achievement to work and earn a living, get promoted, get raises, invest wisely and buy a big house. One should feel prettty damn good about that.
Kid,,you are a commie I do believe.
May I smoke?
Two points:
The article states the condo HOA AMMENDED their regulations, in include smoking WITHIN the units. These owners never signed up for that.
Secondly, ALL condominiums, townhouses and almost all new suburban homes now have home owner associations. Many times too, these organizations (as in this case) act as little dictators....
I would continue to fight this--how any organization can tell you you cannot do a legal act inside the walls of your own home is beyond me.
I would smoke in the house anyway...and make them get a warrent to search the place (unlikely) to prove it.
The only person who thinks I feel superior about my house is you.
Pretty telling, IMO.
I'm on an HOA board. We do not create CC&R restrictions after the fact. It's possible, but it would take a board full of snobs and 75% approval. Neither of which are likely.
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