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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: SheLion

Really, excellent posts on this thread, she! You really do, if I may borrow an old sixties expression, sock it to 'em, lol!


761 posted on 11/23/2006 10:52:38 PM PST by TAdams8591
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To: 383rr
Well, if you did, all you missed was a good barf session.

The normal crew was here, defending their right to trample yours, for the children, of course.

Happy T-day. Lioness!

We all love ya!

Believe it or not, I am still trying to get through this entire thread. hehe!

And I love you and all my dear Freeper friends as well! 

Hope you and everyone had a bountiful Thanksgiving!!!

762 posted on 11/24/2006 6:24:12 AM PST by SheLion (When you're right, take up the fight!!!!!)
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To: TAdams8591
I hope you enjoyed a good smoke after a delicious Thankgiving meal! Best wishes to you and thank you for all you do on our behalf!

Well, I had a lot of good smokes, that's for sure. LOL

And it's not just me TA.  There are many of us in here trying to beat down the anti FREEPER idiots in here and you know who they are.

I pleaded for help yesterday morning from the Mods about a certain poster.  Did I get reply?  NO!!

Many of us are starting to believe this poster is either another Mod in disguise or is a relative.  This person can do or say what ever hateful things they want to and they are never ever reprimanded.

I truly have my suspicions now, believe me.

763 posted on 11/24/2006 6:28:20 AM PST by SheLion (When you're right, take up the fight!!!!!)
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To: TAdams8591
Really, excellent posts on this thread, she! You really do, if I may borrow an old sixties expression, sock it to 'em, lol!

Well, why are our own FReepers bashing us just because we enjoy a legal product????  Now, common!  If they hate smokers and smoke so much, stay the hell away from smokers.  How hard can it be?

They think they can wipe us off of the face of the earth, but you know where they can stick that, don't you? It will take a lot more then the piss ant Conservatives in HERE to make me quit! heh!

Thanks for being here and thanks for being you!!!

764 posted on 11/24/2006 6:32:04 AM PST by SheLion (When you're right, take up the fight!!!!!)
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To: Eric Blair 2084
It doesn't mean they'll want to be in the same bar as us. That's fine. But they'll understand why we want to have our own.

They'll be happy. We'll be happy. Only the social engineering anti's will lose.

Well said.

765 posted on 11/24/2006 6:36:08 AM PST by SheLion (When you're right, take up the fight!!!!!)
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To: cajungirl
"People do well by blood and sweat and not good fortune."

There isn't a single successful person I know, who along with sweat and hardwork, didn't also have good fortune, a fact that most successful people do not like to admit. They like to think it was ALL their own doing and that somehow it makes them superior people.

I have not ever heard from Rush for instance, the role luck played in his own success, beginning with the fact that his father was a well-to-do lawyer who owned a radio station.

And one must achieve a certain level of success to have the opportunity to make good, profitable decisions.

766 posted on 11/25/2006 10:42:34 AM PST by TAdams8591
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To: cajungirl

From what I understand, the subject of this post was after the fact of the contract signed.


767 posted on 11/25/2006 10:44:44 AM PST by TAdams8591
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To: SheLion

"Well, why are our own FReepers bashing us just because we enjoy a legal product???? Now, common! If they hate smokers and smoke so much, stay the hell away from smokers. How hard can it be?"

I don't hate the smokers. I hate the smoke. I also object to people that try to take away my right to vote.
It can be really hard to avoid smoke. I went to get a phone at a kiosk in a mall that was right near the entrance and every time the door opened I got a lungfull of the crap. Also waiting for you luggage at the old RSW was hell. I was standing at a lower landing of a hotel entrance a month or so ago and a guy tossed a lit butt at my feet.

If smokers were more considerate they would not be facing this. But just like everything else if people were more considerate we would not have to overlay regulations on otherwise legal products.


768 posted on 11/25/2006 7:27:12 PM PST by Sunnyflorida ((Elections Matter)
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To: TAdams8591

"From what I understand, the subject of this post was after the fact of the contract signed"

Doesn't matter the contract was modifiable. If you sign a contract with revision policies you have to live by the revisions that are effected by rules defined in the contract. Just like all the dopes on this website that think the U.S. Constitution is set in stone.


769 posted on 11/25/2006 7:31:01 PM PST by Sunnyflorida ((Elections Matter)
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To: TAdams8591

Everybody has luck both good and bad. Some people just have the faith and determination to make good on the good luck and not get drug down by the bad. Rush was fired many, many times. For a failure a dad like Rush had could be an excuse for the failure. He also had some pretty "good" luck being a radio talk show host and going deaf. Give me a break fella.

Success does not lead to good decisions. Good decisions lead to success. I think it is called free will in the Christian Bible.


770 posted on 11/25/2006 7:36:47 PM PST by Sunnyflorida ((Elections Matter)
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To: Sunnyflorida
Good decisions do not always lead to success, sorry. There are many other details that factor in. I could write a book about it, but I will say the comments on this thread, belie a shallow understanding of the real world.

If Rush's well-to-do father hadn't owned the radio station, Rush likely may never have cultivated an interest in radio to begin with. He had exposure and assistance people of lesser means don't have.

Lot's of people fail and never give up and yet they never attain even a fraction of the success Rush has enjoyed. Somewhere along the way one has to get a break, otherwise known as good fortune, and not everyone does. Those who do, don't often admit it.

But thank goodness God doesn't judge us by the size of our homes or bank accounts, and takes all things into account. Some very wealthy people, with big homes and good careers, are going to find they weren't all that successful after all. And some people of very modest means are going to learn all along, they really were the richest people in town.

771 posted on 11/25/2006 8:06:51 PM PST by TAdams8591
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To: Sunnyflorida; cajungirl; Alter Kaker; Gabz; SheLion; 383rr

"What most people really object to when they object to a free market is that it is so hard for them to shape it to their own will. The market gives people what the people want instead of what other people think they ought to want. At the bottom of many criticisms of the market economy is really lack of belief in freedom itself.
The essence of political freedom is the absence of coercion of one man by his fellow men. The fundamental danger to political freedom is the concentration of power. The existence of a large measure of power in the hands of a relatively few individuals enables them to use it to coerce their fellow men. Preservation of freedom requires either the elimination of power where that is possible, or its dispersal where it cannot be eliminated.
It essentially requires a system of checks and balances, like that explicitly incorporated in our Constitution..."

-- Milton Friedman, The New Liberal's Creed: Individual Freedom, Preserving Dissent Are Ultimate Goals," May 18, 1961

http://www.opinionjournal.com/extra/?id=110009267&mod=RSS_Opinion_Journal&ojrss=frontpage

Since I've read everything that my adopted Grandfather, Milton Friedman wrote, and since he died last week, it's up to me to carry on his message:

The Free Market works. Non-smokers should have plently of smoke free establishments since 75% of people don't smoke. Business owners will cater to your (understandable) desire to not have smoke blown in your face while you eat fried cheese curds and drink alcohol. The free market will also provide a place for people who enjoy a legal product like cigarettes, cigars to enjoy that legal product on PRIVATE property. Everybody will be happy.

EXCEPT THE SOCIALISTS.


772 posted on 11/25/2006 8:07:40 PM PST by Eric Blair 2084 ("A Moderate is an open-minded individual who needs to be persuaded and educated.")
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To: 383rr; cajungirl; Alter Kaker; Sunnyflorida
A Rare Material and a Surprising Weapon (Polonium 210) ^

Polonium 210 is highly radioactive and very toxic. By weight, it is about 250 million times as toxic as cyanide, so a particle smaller than a dust mote could be fatal. It would also, presumably, be too small to taste.

Polonium is extremely rare in nature. Named by its discoverer, Marie Curie, after her native Poland, it occurs in trace amounts in uranium ore and has been found in minute quantities in plants like tobacco, ...

http://www.freerepublic.com/focus/f-news/1744005/posts

773 posted on 11/25/2006 8:43:23 PM PST by Sir Francis Dashwood (LET'S ROLL!)
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To: Sir Francis Dashwood

??????????????

What are you saying exactly??????????????


774 posted on 11/25/2006 9:14:44 PM PST by Eric Blair 2084 ("A Moderate is an open-minded individual who needs to be persuaded and educated.")
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To: TAdams8591
"But thank goodness God doesn't judge us by the size of our homes or bank accounts, and takes all things into account. Some very wealthy people, with big homes and good careers, are going to find they weren't all that successful after all. And some people of very modest means are going to learn all along, they really were the richest people in town."

I agree one size does not fit all; some of the happiest people I know are rich, some are miserable and vice versa with the poorer.
I do think you have to take advantage of your breaks. Rush has the desire to succeed. It did not take his father. You should listen to him. If you measure success by how many children you have the do well, Rush is a failure. Succeeding is about achieving what you want and being happy when you get it. There is way to much bitterness about people with money. I love it that there are so many millionaires. I see it as a good thing.

I say everyone has both good fortune and bad fortune. People achieve success, how ever, they measure it by taking advantage of the good and not getting bogged down by the bad. It is Free Will.
775 posted on 11/26/2006 5:34:38 PM PST by Sunnyflorida ((Elections Matter)
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To: CSM

Self ping for later read.


776 posted on 11/27/2006 4:42:52 AM PST by CSM (Americans are getting more and more childish and looking for Big Mommy to take care of them.)
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