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.
"At what point will a majority decide it has the power to prohibit most ANYdamnthing, just because 'they don't like it'..
Are there constitutional limits on majority rules?"
there are constitutional limits. but the constitution can be amendent. In Florida we did it with almost no one voting no - relatively.
there are constitutional limits. but the constitution can be amended.
Are there constitutional limits on 'amending away' inalienable rights to lubricants?
-- A rapidly growing friction on FR claims not.
I enjoy sex but I can go 24 hours without it.
Not much longer though. Gee, maybe I'm addicted.
Congratulations on your small part in changing this formerly great representative republic into a nation of mob rule.
When you buy property, you never really own it.
What you acquire is a "bundle of rights".
Among these are usually something called "quiet enjoyment"...apparently that one is gone.
You have to be a smoker to believe that crock.
I think it's pretty thoughtless for you to deign to retrieve your morning paper while not wearing a tuxedo.
Something must be done about that.
Meanwhile, governments across the nation are making it increasingly difficult to build or acquire your basic single-family detached dwelling.
There was no mob, It was a vote. I think voting is a good thing. I love the direct approach.
You guys LOST. Get over it.
An excellent conservative notion and tactic.....not.
If you can get the votes, you can do something.
That is if you signed a contract that you would abide by the HOA rules.
But you don't have to. You just don't want anyone else to be comfortable doing it.
Most people get along well with HOA's.
Meanwhile, governments across the nation are making it increasingly difficult to build or acquire your basic single-family detached dwelling.
Governments are making it difficult?
Interest rates have been historically low. There are programs everywhere to get a no down payment loan for property. First time buyers special programs. Joint the Army and get a VA loan.
The government is not interfering with you chances of gettiing home. Housing is expensive but the govt didn't do that. The Free Market did.
Another real solution would have been for them to simply strangle the neighbors who had a problem with them enjoying their own patio.
The more laws, the less free. Easy math.
Enjoy your Gulag.
Just don't come through my chain link fence knocking on my RV door if you have any problem you think I might be able to help you through.
ex pos facto laws are unconstitutional...
Ditto. Wish we could outlaw it here. The prevailing wind carries the stench of our neighbor's smoke into our front yard and porch.
Smokers have no idea how horrid their stench is to normal people.
Sounds like a fun neighborhood.
yep, they like to pretend the problem is other people. Of course the tobacco industry loves that, probably underwrites their opposition to any laws making smoking illegal in public places.
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