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HOA Rule Forbids Couple To Smoke In Their Own Home Judge Upholds Homeowners' Association Order
TheDenverChannel.com ^ | 11/16/06 | TheDenverChannel.com

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.


TOPICS: Constitution/Conservatism; Culture/Society; Government; Miscellaneous
KEYWORDS: readthecontract; smoking
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To: SoothingDave
You can't claim privacy if your smoke is in my house. Duh.

If somebody drives their automobile past your unit, some of that smoke winds up in your house, duh.

601 posted on 11/19/2006 7:01:10 PM PST by elkfersupper
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To: tpaine; LexBaird; Sunnyflorida; NathanR; RacerF150
Are there constitutional limits on majority rules?

You need to read the Constitution...

States ratify Amendments... WITH SUPER MAJORITIES!

Article V.

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress...

602 posted on 11/19/2006 7:02:08 PM PST by Sir Francis Dashwood (LET'S ROLL!)
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To: Howlin
So we should all pay $400,000 or $500,000 for a house and have some jerk put his RV up on blocks next to it, or run a body shop out of it and lower the value of OUR house?

I reserve the following comment for very few people.

You should hope you never need anything I have.

603 posted on 11/19/2006 7:05:45 PM PST by elkfersupper
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To: beezdotcom

THEY NEED TO START A MEDICAL TOBACCO INITIATIVE!


604 posted on 11/19/2006 7:09:14 PM PST by Sir Francis Dashwood (LET'S ROLL!)
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To: Mogger
Smokers have no idea how horrid their stench is to normal people.

It makes me gag... as long as it is not in my house, in my car or near my kids... let them...

605 posted on 11/19/2006 7:13:31 PM PST by Sir Francis Dashwood (LET'S ROLL!)
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To: Beelzebubba
1. put restrictions all on all your land that run perpetually with future owners. 2. subdivide your land. And 3. sell parcels to buyers who like the restrictions you put on your land.

In 1971, I bought a house in an area in Portales, NM that had a deed restriction prohibiting sale to...and I quote........"Catholics, niggers, and other undesirables".

Those restrictions were long ago voided by federal law, but were there nonetheless.

Smokers are apparently the new "Catholics, niggers, and other undesirables".

606 posted on 11/19/2006 7:34:22 PM PST by elkfersupper
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To: elkfersupper

You seem to overstate things a bit.

Smokers are undesirable and not because of their beliefs or their color.

They stink places up. They don't acknowledge that they have a responsibility not to stink places up. They blame others and call them names when others complain. They demand to indulge in their habit in an infantile way when they are curbed.

Nobody cares if you hurt yourself by indulging in a habit that clearly may kill you, may make you ill, ruins your lungs and is expensive and dirty.

We just care when you impose your habit on us. For years smokers got away with it because most people don't complain about others. Now the passive recipients of the blow from your cigaret aren't taking it anymore.

Maybe smokers need to think about quitting.


607 posted on 11/19/2006 7:41:30 PM PST by cajungirl (no)
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To: Beelzebubba
Let go of your resentment, and just let us be in peace.

Smokers have been asking for this for years to no effect.

608 posted on 11/19/2006 7:45:53 PM PST by elkfersupper
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To: cajungirl
Maybe smokers need to think about quitting.

Maybe people who bitch about smokers need to think about quitting.

609 posted on 11/19/2006 7:52:08 PM PST by elkfersupper
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To: RacerF150
But again, I think this is off point. If the other residents can smell odors coming from another unit, they should take it up with the builders. That's where the real problem is. If smoke can breach a unit, then food odors can as well. At what point will the majority decide to prohibit the cooking of certain foods because they don't like those smells either?

Most homes are built so that they 'breathe'. If it doesn't people will have different set of problems in their homes. That means that smelling smoke through a wall is normal even in well built homes, let alone crackerjack conversions.

610 posted on 11/19/2006 7:56:15 PM PST by NathanR (Après moi, le deluge.)
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To: elkfersupper
Maybe people who bitch about smokers need to think about quitting.

Great post. Amen to that.

611 posted on 11/19/2006 7:58:39 PM PST by inneroutlaw
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To: cajungirl
The government is not interfering with you chances of gettiing home.

Apparently, you've never heard of urban growth boundaries or impact fees.

612 posted on 11/19/2006 8:00:27 PM PST by elkfersupper
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To: eleni121
Source please.

Google urban growth boundaries, impact fees, UN Agenda 21.

613 posted on 11/19/2006 8:02:02 PM PST by elkfersupper
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To: cajungirl
cigaret

Apparently, not smoking doesn't improve your spelling skills.

614 posted on 11/19/2006 8:02:11 PM PST by inneroutlaw
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To: Eric Blair 2084

The house is unrented thanfully. It seems to get worse with every future tennant. With my luck, 6 al Qaeda operatives will move in there next and accidentally explode a bomb they were working on.

But at least Musta and Hani were non smokers.

Very well said,  Eric.   I have seen Free Republic go down hill for several years.  Especially from last year on....

Many times I feel as if I feel down into the DU hell!  Don't you???


615 posted on 11/19/2006 8:03:12 PM PST by SheLion (When you're right, take up the fight!!!!!)
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To: Sunnyflorida
You guys LOST. Get over it.

We all lost.

Most of you folks celebrating just don't realize it yet.

When you do, I'm sure you'll get over it.

616 posted on 11/19/2006 8:04:09 PM PST by elkfersupper
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To: Sunnyflorida; Eric Blair 2084; elkfersupper
Freedom to make laws....

Freedom to make laws to take decent people's right away!!!  Oh yes................some freedom THAT is.

You're one of the biggest anti's in here and I want every one to know it!

617 posted on 11/19/2006 8:11:31 PM PST by SheLion (When you're right, take up the fight!!!!!)
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To: Sunnyflorida; tpaine
there are constitutional limits. but the constitution can be amendent. In Florida we did it with almost no one voting no - relatively.

The following is a statement by a fellow freeper who lives in Florida:

Florida passed with less than 20% of registered voters caring enough to show up to vote on the ban.
13% voted for and won.
80% of Floridians didn't care.

Actually, if people would start getting menu's from these restaurants before the bans, then get menu's after the bans are implemented, it would help.
In Florida prices increased 15-20% in many of the chain restaurants within a couple of weeks. I wouldn't have caught it if we hadn't had take out menus before and after to compare.
Our non smoking friends were furious. They boycotted them on principal. And continue to. We now just gather in each others homes.
Outback Steakhouse had probably the largest increase.
Seems odd, to jack prices like that, when all these people claim how much better business is after the bans.
The smaller places that only sell limited food to be able to cater to smokers, had no increases at all.
I think if more of the public really understood what the "clean air" that they didn't care about anyway is costing them, attitudes may change.

618 posted on 11/19/2006 8:16:21 PM PST by SheLion (When you're right, take up the fight!!!!!)
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To: ladyjane
I enjoy sex but I can go 24 hours without it.

Not much longer though. Gee, maybe I'm addicted.

I know what you mean!



619 posted on 11/19/2006 8:18:24 PM PST by SheLion (When you're right, take up the fight!!!!!)
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To: elkfersupper; Sunnyflorida
Congratulations on your small part in changing this formerly great representative republic into a nation of mob rule.

And I wonder what size DRESS she wears. hehe

620 posted on 11/19/2006 8:20:45 PM PST by SheLion (When you're right, take up the fight!!!!!)
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