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".
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To: TheKidster
I can see that. I have a friend who lives in Germantown in a multiple-unit dwelling. The cigarette smoke from a person smoking in an adjacent unit really did get into their unit.
668 posted on
11/20/2006 6:53:04 AM PST by
Tolerance Sucks Rocks
(Mashed potatoes, gravy, and cranberry sauce! Wooooooo-oooooooo!)
To: TheKidster
There are two solutions to this problem. Both involve the parties to the problem doing something themselves, instead of suing.
A would be for the complaining non-smokers to move to housing that doesn't share structural elements with other housing. It's a lot harder for your neighbor to blow smoke into your house if it's 15 feet away from his.
B would be for the smokers either to quit smoking, or to move to stand-alone housing.
I don't advocate either, although as soon as Xena's Guy and I build our house we are never sharing walls with anyone again. (Nothing personal - I like our neighbors just fine - but a house is a house and an apartment is an apartment, and a townhouse/condo is too much the latter to be considered the former.)
682 posted on
11/20/2006 8:22:38 AM PST by
Xenalyte
(Anything is possible when you don't understand how anything happens.)
To: TheKidster
If the rule was a board action after they bought, they should based their suit on inverse condemnation and argued that the ruling reducrd the value of their property.
To: TheKidster
...I'm interested in hearing how others feel about this ruling against personal freedom and property rights in favor of "the common good". This is one of the reasons I'll never buy property with an HOA.
691 posted on
11/20/2006 8:52:32 AM PST by
Redcloak
(Speak softly and wear a loud shirt.)
To: TheKidster
Home Owners Associations - the final frontier for busybodies!
721 posted on
11/20/2006 6:32:50 PM PST by
HitmanLV
("Lord, give me chastity and temperance, but not now." - St. Augustine)
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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