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.
There are some folks on this board that feel that just because a product is legal, they are entitled to use that product whenever and wherever they wish. Alcohol is legal, but there are places where it is not permitted.
I'm not some nutjob that thinks that being exposed to a few short minutes of cigarette smoke a day is going to kill me, but when the odor fills my living space 24 hours a day I don't think it unreasonable to be a tad concerned. I find it disturbing that the pro-smoking crowd is so bent on "doing their thing" that they ridicule anyone who simply wants a little common sense and a bit of courtesy from those who willingly risk serious harm to their health. Apparently, they think that it is their right to also pose a serious risk to mine as well.
Is curry a carcinogen?
These ridiculous arguments from the "it's my right to smoke" crowd is getting a little old.
I don't smoke and I don't know what it's like to be chained to something that you can't live without, but it still doesn't make it right to force the majority of Americans who don't smoke to take part in one's addiction.
True. But the ability to change the HOA covenants was something they knew was possible when they bought in. It being a legal activity has nothing to do with it. The question is, does the activity effect another HOA member in a way that violates the contract they signed?
Is smoking something that only effects the "privacy of your own home", or does it cease to do that because the smoke leaves those confines?
I agree.
Theinteresting thing to me is that as no smoking laws get enforced, in restaurants, buildings, work etc,,the smell of cigarets gets more pronounced. The less of it around, the more it seems offensive. Other people have told me that. used to be one could tolerate a smoker at the next table in a restaurant, but now it just feels like a blast of disgusting smell coming at you.
I feel sorry for smokers out in the cold trying to smoke during work. It must be harder and harder to be a smoker.
What you are talking about was in the news a while back, and a few days later a correction was issued by many news outlets because they had inplied that this risk from purifiers that produce ozone was unhealthy. There are different kinds of air purifiers, and the most common ones like the one that I have are not the dangerous kind.
I'm sorry that you feel the need to call me ignorant. For your information, I did vote in this last election. I am a pro-life conservative that simply wants to be able to breathe some relatively clean air in my apartment.
The problem could so easily be solved if the smoker would simply go outside to smoke. I know of other smokers in this complex that do just that and as far as I can tell their lives haven't ended because of it.
THat is the crux of the argument.
Smokers deny that smelling smoke is a nuisance no matter how many times they are told. Non smokers declare it is unbearable.
And part of the problem of global warming could so easily be solved if all of us would just breathe into (and out of) a plastic bag.
You go first.
I guess the problem that I have with some of these arguments coming from smokers is that they have this attitude that non-smokers are being unreasonable and mean just because they don't wish to partake of the byproducts of their habit. They almost have the attitude that those who consider smoking offensive and unhealthy are some sort of space alien nutcases. It only takes common sense to know that any kind of smoke, whether it be from cigarettes, chimneys, fires, etc, was not meant to be inhaled into the lungs. If it were meant to be inhaled, then why do the lungs try to reject it when it is first introduced into the body?
I just wish that smokers could be honest and just say what they are really thinking, which is probably....."I know that my smoke is harmful and offensive to others but I don't care". That would be better than the laughable argument that there is nothing wrong with it and that the years and years of medical evidence are complete bunk. I hear that a lot from some smokers and I guess perhaps it is simply denial. Kind of sad actually.
Does this mean that after two homosexuals sodomize one anonther in their bedroom that they cannot smoke a cigarette?
You're missing the thread of the century here. Some of the posts are just flat out amazing. Everything you've ever suspected about the antis is true.
Your argument is seriously flawed.
I don't think that God intended for us to have to breathe into a paper bag. Breathing just as we are is natural. Smoking cigarettes is not something that the human body was designed for. It is not natural.
Smokers can always go outside to smoke, whearas I cannot go outside to live 24 hours a day. I guess you are saying that smokers should always have the upper hand on non-smokers. Is that correct? The one's not choosing to suck a bunch of poison into their lungs are considered the abnormal and unreasonable ones?
That's twisted thinking if you ask me.
LOL!
I think that deep down in the smoker's mind, he knows but his thought is that he is taking the risk of dying of Cancer or COPD and how dare you complain when you are just getting a fraction of the risk he is taking.
Like taking a risk with one's life entitles one to put others out.
You ready for that?
Get ready, it's coming.
If the HOA had as part of what you signed when you bought that the rules could be changed, you are out of luck
Besides rather than suing and being tied up in court, you might better spend the mney on a new car.
BTW those lawyers lined up to take your case wouldn't give a poop about you or your smoke. They would line up for the fees. Lawyers are not your friends. All they do is run up bills for you to pay and they will put liens on your smoking condo or big fat car to get paid.
Go to the HOA offices and smoke there. Every day.
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