[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".

[Tolerance Sucks Rocks]

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.

[Xenalyte]

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.)

[dalereed]

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.

[Redcloak]

...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.

[HitmanLV]

Home Owners Associations - the final frontier for busybodies!

[CSM]

Self ping for later read.