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.
I totally agree with both your points, dear CindyDawg!
No smells permeate the mandatory firewall between our townhouses. I can barely hear my neighbor run his bath at 5:45 every morning, and presumably he can hear a trace of my nightowl television viewing. As for smells, the vegetarians in our townhome neighborhood better not start in about the slabs of meat grilling on the numerous side-by-side decks!
Of course you missed the part where the bylaws were amended last year, 5 years after they had purchased the town home.
Funny that you berate them for not reading the fine print, you didn't even bother to read the entire article with comprehension before spouting off.
I did the same thing. I paid an attorney specifically to go over the agreements.
One tenant spent thousands of dollars trying to minimize the odor.
Unfortunately I'd probably rule on the side of the other tenants, because bottom line, their property is being damaged by another tenant.
"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.
Well, there is always the option of foregoing the cigarette or taking a drive.
I wonder, why doesn't this 'news' channel use a spell-checker?
I wonder, are these Suave's related to Ricco?
This is a tricky one. It sounds like the units have walls in common, which can be problematic for lots of reasons.
It's not often that I go out to my car and sniff the bumper. How could smoke possibly invade the inside of a car that is not running and the ventilation system is off. Your car must surely leak when it rains then. It is your imagination.
I couldn't understand how it was expected to work: If they legalized the MJ and passed the laws to stop smoking everywhere, then how was the MJ supposed to be used?
Can anyone explain this??
It would be interesting for them to stop smoking while all this was going on and see if there were still complaints of smelling it, while they weren't. Yeah, if you smoke I can usually smell it in your house or your car and sometimes on your hair or your clothes. In another apartment though...Unless something is wrong , that is pushing it IMO.
Okay, I see a strategy and tactics coming together here. Passive resistance. First, the constantly simmering cabbage and curry (when cabbage and curry are outlawed, only .....), then, a vacation with the fish supply accidently left out of the frige. An endlessly looping tape with a crying baby. This would keep them busy updating their HOA rules.
I was well aware of the timing of the bylaw amendment, as my responses to posters less silly than you demonstrate.
What about kids? Listening to them cry or scream could be considered a nuisance by singles. Are they going to have to keep them on the curb?
Possible, but were there complaints of adjoining fart manefestation, cooking odor manefestation, pot smoke, whatever? No.
There are places in San Francisco with this rule.
You want out or not? Either countersue or sell. If the market not being right vs. your personal rights is a tough choice then I have no pity for you. I owned a HOA condo, and it wasn't a bad deal overall. A glorified apartment but it was better than renting. I would have sold it in a minute of they had decided to ban smoking. Heck it might have even increased the value to certain people. Time for a cigarette
No, you have to couple the noise with a law somehow....for instance, the protection for disabilities act, whirring respirator, colostomy bags, whatever....
The skids are greased for the slippery slope of constituional rights.
Nobody pointed a gun at their heads and forced them to live there. Don't like the HOA rules? Move.
As for smells, the vegetarians in our townhome neighborhood better not start in about the slabs of meat grilling on the numerous side-by-side decks!""
Don't give them any ideas!!!
If you have children and have invested in your home and the majority decides to limit them, you would pack up and move, peacefully?
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