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This is an interesting ruling, it boils my blood but I'm interested in hearing how others feel about this ruling against personal freedom and property rights in favor of "the common good".
1 posted on 11/17/2006 10:46:14 AM PST by TheKidster
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To: TheKidster

They just need to switch from tobacco to marijuana.

Then they would be hailed as patriots for standing up against the man/system.


2 posted on 11/17/2006 10:47:43 AM PST by nhoward14
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To: TheKidster
complaints from the Sauves' neighbors who said cigarette smoke was seeping into their units,...

seems more like property rights vs property rights
3 posted on 11/17/2006 10:48:36 AM PST by stylin19a ("Klaatu Barada Nikto")
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To: TheKidster

Coming up next: perfume. You will not be able to wear it in public, then it will be forbidden in your own home.


4 posted on 11/17/2006 10:48:52 AM PST by 3AngelaD
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To: TheKidster

They should take a long vacation after filling their unit with a ton of dead fish. See if their neighbors prefer that smell.


5 posted on 11/17/2006 10:49:26 AM PST by Teflonic
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To: TheKidster

This is an interesting ruling, it boils my blood but I'm interested in hearing how others feel about this ruling against personal freedom and property rights in favor of "the common good"."

The common good is being abused everywhere, and there will be a backlash, IMO.

What's next? Declaring what you can eat so that your fart smells don't permeate the common areas??? BEANO for all, mandated and unfunded....

I am so sick of the Mommy laws, and I don't smoke nor drink. Personal freedoms are being taken everywhere. For the children: I want to strangle all the little creeps.


6 posted on 11/17/2006 10:49:49 AM PST by ridesthemiles
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To: TheKidster
this ruling against personal freedom and property rights

They had the personal freedom not to buy into an HOA property and they had the personal freedom not to voluntarily cede part of their property rights to the HOA.

They have zero grounds for complaining.

Who buys a home, the biggest investment of their lives, and doesn't read the fine print?

7 posted on 11/17/2006 10:50:01 AM PST by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: TheKidster

Sell the condo and find a house! Byers market...


8 posted on 11/17/2006 10:51:14 AM PST by Edgerunner (Better RED than DEAD)
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To: TheKidster

I have lived in a lot of apartments and have never noticed a problem. Maybe they need to look at the structure of the building. Either way, if it was allowed when they moved in , they shouldn't have to stop IMO.


9 posted on 11/17/2006 10:51:24 AM PST by CindyDawg
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To: TheKidster
...after their condominium association amended its bylaws last December to prohibit smoking.

HOAs are inherent compromises of personal liberty, and are to be avoided at all costs.

10 posted on 11/17/2006 10:51:25 AM PST by Petronski (BRABANTIO: Thou art a villain. IAGO: You are--a senator. ---Othello I.i.)
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To: TheKidster

Insanity.

How about curry in a townhome, can people cook it 24/7?


12 posted on 11/17/2006 10:51:54 AM PST by word_warrior_bob
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To: TheKidster; leda; Gabz; SheLion

next.


13 posted on 11/17/2006 10:52:12 AM PST by patton (Sanctimony frequently reaps its own reward.)
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To: TheKidster

The psychotic antis are mentally ill and cannot be appeased. They must be stood up to and forced to back down. No more being "polite." Politeness has gotten us to this point.


18 posted on 11/17/2006 10:53:57 AM PST by mysterio
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To: TheKidster
Looks what one Texas State [Senator Rodney Ellis (D) Houston] wants to do here. His bill would ban smoking in all public places and work sites.

Senator proposes smoke-free workplace law (TX State)

19 posted on 11/17/2006 10:54:40 AM PST by Arrowhead1952 (The terrorists have many allies in the United States, especially in the democrat party.)
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To: TheKidster

When you live in multiunit houses, you accept that you can't do things that infringe on the rights of your neighbors, whether that is playing loud music, remodeling the interior walls, cooking indian food, running a business out of the home, smoking, etc. They need to live in a detached house.


20 posted on 11/17/2006 10:54:42 AM PST by Kirkwood
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To: TheKidster
this ruling against personal freedom and property rights in favor of "the common good".


Everyone bought in knowing that this could be changed by a vote. Granted, it seems unreasonable to restrict what goes on in side that is not detectable by others (smoking with the windows closed.)

But if these smokers had confined themselves to that, the restriction would never have passed.

And a ruling by a government judge that the homeowners did not have this power to set their own rules would be the REAL "ruling against personal freedom and property rights."

I can certainly understand how patio tobacco smoke smell could easily be a nuisance to other homeowners.
23 posted on 11/17/2006 10:55:09 AM PST by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: TheKidster

They should just continue to smoke in their unit and make sure they are never caught red-handed, since I doubt a search warrant would ever be issued for something so petty. They could also keep a pot of boiled cabbage constantly going on the stove. That has a unique smell the neighbors would enjoy. By the way, how do you prove "smell" in a court of law? And why isn't the manufacturer of the dwelling responsible for cross-ventilation problems? And why are the other residents living in joined housing if the private acts of their neighbors are so offensive?


24 posted on 11/17/2006 10:55:23 AM PST by Niteranger68 (Big winners of election 2006: Democrats, terrorists, MSM, Hollywood, anti-war protestors, etc.)
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To: TheKidster
Dead people can't smell.......

(for the Grammar police:to be absolutely correct in the wording, replace smell with detect odors)
27 posted on 11/17/2006 10:55:50 AM PST by bert (K.E. N.P. Rozerem commercials give me nightmares)
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To: TheKidster

My husband smokes in the garage and now my car stinks.


34 posted on 11/17/2006 10:56:54 AM PST by Alouette (Psalms of the Day: 119: 97-176)
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To: TheKidster
Hard case. I am all for property rights but HOAs and Condo Associations trump them. I also understand that you do NOT have the right to damage or devalue another's property.

I know I would go crazy if smoke from my neighbor's unit was coming into my condo. I can't even stand a hotel room that has been smoked in.
35 posted on 11/17/2006 10:57:14 AM PST by cwat212
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To: TheKidster
I agree with you except one thing, they knowingly moved into a place that had a "Homeowners Association." When I bought my estate 20 years ago, the #1 disqualifier of the property search was homeowner associations or covenants, conditions or restrictions dictated by someone other than me, outside of regional zoning regulations.

Those things have no place in America. They're full of little Napoleon's and snotty busybodies.
37 posted on 11/17/2006 10:57:20 AM PST by bigfootbob
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