Free Republic
Browse · Search
News/Activism
Topics · Post Article

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
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-86 next last
To: TheKidster

I think the HOA has the right to ammend the bylaws, but I would think the couple would have been "grandfathered". This is hideous in that it basically forces the couple to sell their place and move.


38 posted on 11/17/2006 10:57:22 AM PST by frankensnake (1BH `1)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

Most people would gladly trade their freedom for the right to manage their neighbor.


39 posted on 11/17/2006 10:57:46 AM PST by marron
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster
This is a tough one. It does seem ridiculous to limit what they do in their own home. However, this suggests the problem is real:

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?

45 posted on 11/17/2006 10:59:22 AM PST by Diddle E. Squat (Pence for MinL; Giuliani-Watts, Giuliani-Sanford, Giuliani-Pawlenty, or Giuliani-Perdue in '08)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

This is a tricky one. It sounds like the units have walls in common, which can be problematic for lots of reasons.


46 posted on 11/17/2006 10:59:34 AM PST by Disambiguator (;^))
[ Post Reply | Private Reply | To 1 | View Replies ]

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 skids are greased for the slippery slope of constituional rights.

57 posted on 11/17/2006 11:02:59 AM PST by x_plus_one (Franklin Graham: "Allah is not the God of Moses. Allah had no son")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

Simply put, the courts are outta control!!


61 posted on 11/17/2006 11:03:38 AM PST by PISANO
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

When you share walls and live like sardines...you have to respect the rights of the majority.

Don't like it? Move out!


63 posted on 11/17/2006 11:03:51 AM PST by eleni121 ( + En Touto Nika! By this sign conquer! + Constantine the Great)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

so they need to sue the builder for building a town house so poorly that mere smoke smell can pass through.

There IS case law for nuisance smells.

Seems to me that they needed to mitigate their smoking somehow so it would not affect the neighbors in the attached townhouse.

This is a neighbor scenario, not a smoking scenario.


65 posted on 11/17/2006 11:04:16 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

Seems to me that if the US Supreme Court say it is OK for homosexual acts to be private in one's bedroom, then this couple ought to "come out", announce that they are "gay" and then smoke away.


68 posted on 11/17/2006 11:05:18 AM PST by miele man
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster
I have mixed feelings. I don't like HOA's, but I can see a benefit when you have people living close together, like condos. There are just too many nuts out there.

My mother-in-law bought a second floor condo and someone moved into the first floor who smokes heavily, and now her condo reeks of smoke because it comes through the air vents from the first floor.

It's really a problem of a poorly designed building (IMHO), but she's basically stuck with the smell or she would have to sell to move out. I'm generally against smoking bans, but when it gets to the point of ruining someone else's home, I might be OK with drawing a line.

69 posted on 11/17/2006 11:05:28 AM PST by Mannaggia l'America
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

All they have to do is run for the board, have some like minded people and change the rules.


70 posted on 11/17/2006 11:05:34 AM PST by edcoil (Reality doesn't say much - doesn't need too)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

The neighbors don't care if these people smoke; they just don't want to smell the smoke, and apparently they do. It would be the same issue if a neighbor was creating a noxious odor outside, or cooking strong-smelling food all the time. The same fight would ensue.


71 posted on 11/17/2006 11:06:02 AM PST by Cecily (`)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

I just read a few days ago about some city council banning all smoking withing the city limits except for single family detached homes. Presumably that means all apartments and hotels/motels. It won't be long until some city or state somewhere bans smoking in your own home if a neighbor objects.

Here's the truth. Smokers are the only minority group on earth that it's OK to discriminate against. People can keep shoving them further and further to the margins and feel self righteous about it. In fact society encourages these modern day Puritans. Being an anti smoking zealot is just about the only area left where folks can exercise their "moral superiority" and get away with it.


74 posted on 11/17/2006 11:06:24 AM PST by saganite (Billions and billions and billions-------and that's just the NASA budget!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

Until the Gestapo HOA changes it's ruling, I'd keep a pot of garlic boiling on the stove 24/7.


78 posted on 11/17/2006 11:07:17 AM PST by Rb ver. 2.0
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

maybe they should commence a regime of loud, energetic sex, early and often.

let's see the condo nazi's restrict THAT!


90 posted on 11/17/2006 11:12:29 AM PST by camle (keep your mind open and somebody will fill it full of something for you)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

"...the rights of a community trump the rights of individual residents..."

Sounds like a quote from Marx or Lenin. Communism.


99 posted on 11/17/2006 11:16:17 AM PST by Polyxene (For where God built a church, there the Devil would also build a chapel - Martin Luther)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster
I keep waiting for the day when the Hindu family next door is offended by the smell of barbeque beef coming from next door.

Will outdoor grilling be next? How about indoor cooking of beef too, just because we know it's going on, and that offends us, too.

-PJ

105 posted on 11/17/2006 11:19:32 AM PST by Political Junkie Too (It's still not safe to vote Democrat.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster

"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.."

;-) I remember when municipal buildings in Anchorage banned indoor smoking in the '80s. You walked out the door and smokers on breaks would be huddled under a warm HVAC unit, boots and parkas, smoking their cigarettes. So funny. As the months went by, the groups got smaller. So to answer this person... yes, you might have stand outside smoking a cigarette; you won't be the first, Honey.


108 posted on 11/17/2006 11:20:14 AM PST by MayflowerMadam
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster
Property rights in a condominium are a squishy sort of thing.

Condos suck.

119 posted on 11/17/2006 11:23:25 AM PST by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: TheKidster
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 agree. But the problem is the door isn't sealing in the smoke.

131 posted on 11/17/2006 11:30:00 AM PST by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-86 next last

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson