[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".

[GatorGirl]

Normally, I don't have sympathy for those who lose to the Association Nazis, as they bought into them, but in this case the rules were changed. They should have been grandfathered in!

GG

[Ditto]

That must be some damn crappy construction by the developer of they can smell a cigarette through the walls. What happens if some Koreans move in and start cooking kimchi?

[dennisw]

There would not be a problem if their house were detached. Since it isn't others can be irritated by the ciggie smoke. I do have problems with the smoking ban being imposed after they had moved in

[Kenton]

Some years ago, before there was a strong anti-smoking movement, our department hired a secretary that was absolutely phobic about tobacco smoke. (Now, I don't use tobacco and don't like the smell either, but this lady was, well, more than a little nuts about it.)

One day shortly after she started, I was in a closed storage room where the door was constantly kept locked, showing her our filing system. (This was back in the "paper days" when everybody had those big file cabinets, for those of you who don't remember).

I remember opening the top drawer of one of the filing cabinets, and she recoiled like she'd been pepper-sprayed. I already had her pegged for a weirdo, but I asked her what was wrong anyway, to which she replied "CIGARETTE SMOKE JUST CAME OUT OF THAT DRAWER!".

I pointed out that the only people allowed in that space were the people in our department, and that none of us smoked, and that I doubted that anybody snuck in their and blew smoke into the filing cabinet to poison her.

She didn't last long. Smoking was only one of a long list of things that bothered her. I think she was basically allergic to human contact.

[Jonathon Spectre]

HOAs are for born socialists who can't get enough government in their lives.

[swarthyguy]

Land of the Free, Home of the Brave.

[RobRoy]

I categorize this under, "you knew the job was dangerous when you took it".

By joining a homeowners association, you voluntarily give up a lot of rights. That's why I don't.

[Rocky]

My neighbor barbecues a lot. Can I stop him?

[from occupied ga]

Homeowners associations are like little governments, but without even the minimal checks and balances on arbitrary and capricious behavior that governments have. I Would NEVER buy a house in a community where you have to be a member of the HOA and be subjected to the whims of malicious busybodies who end up as board memebrs in those things.

[Sicon]

the rights of a community trump the rights of individual residents

"The peeves of the many outweight the rights of the few."
-- Mr. Spock

[redangus]

I have been very concerned about the intrusion of HOAs into the lives of people who own homes in the covered community. If you pay multiple thousands of dollars to buy a piece of property you should have the freedom to live as you like as long as your lifestyle is reasonable. As for what is reasonable, I think the common sense rule should apply. It is very scary how much liberty people are willing to give up to government and other organizations.

But I think the key here is that the HOA changed the rules after the people had moved in. The rules at closing allowed smoking in their unit. This seems like an ex post facto issue if I have my law term right.

[Austin Willard Wright]

The ruling is not against "property rights." This requirement is an example of freedom of contract.

[metesky]

Cigarettes cause mass hysteria.

[ladyinred]

This is beyond the pale. Those people lighting up in their own unit could not possibly bother neighbors. I lived in apts and the people next door smoked pot and cigarettes. I could not smell either in my unit and neither can anyone else.

[HamiltonJay]

hahah Property rights in a Condo with a HOA.. hahaha you are funny.

If you were concerned about your property rights you wouldn't buy a house ANYWHERE with an HOA!

[olde north church]

I lived one of those places that had a HOA. One of the rules they had was against satellite dishes on units. That was until the owner of a unit brought a copy of the Telecommunications act of 1994 or 96', can't remember the year which basically stated the rule was in total conflict of the law. The guy got his satellite dish.

As long as it's not against state law to smoke, the HOA is SOL. You had the same folks who populated student government, populating the HOA. Basically, losers, trying to inflict their values on everybody else.

Anyone believing an HOA is a plus, is in fantasyland or is basically another little Hitler who isn't happy unless they are controlling somebody else's life.

I wonder what the opinion would be if these folks were trying to fly the American flag?

Problem with this country is most people don't consider putting a bullet in a judge's head is worth the jail time. For that matter, hardly worth the lead and powder. Second problem is, they are absolutely correct.

[dforest]

And we all notice Soothing Dave disappears. How sad! How sad for Soothing Dave that he is soothing but not moving.

[Leftism is Mentally Deranged]

This is the left moving in, a little at a time, on private property. They take away our rights, but make sure that we keep the obligation to pay taxes on our property.

[sokit2mebb]

"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.

I don't blame them. Cigarettes stink and so does everything that comes in contact with the smoke from them. There is another alternative. They could quit smoking. ;o)

[GRRRRR]

This country is going down the crapper faster than PeeLousy's botox takes effect...

Time to retire and move to the Bahamas...