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Can a privately owned co-op evict residents for smoking?
Hot Air.com ^ | April 18, 2017 | JAZZ SHAW

Posted on 04/18/2017 5:54:19 PM PDT by Kaslin

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To: Kaslin

If the tenant has a lease, he has leaseheld rights. It’s a private residence and the landlord cannot prohibit this. They’re morons for spending their ( OUR) money like that, but the landlord can’t regulate it.


21 posted on 04/18/2017 7:19:28 PM PDT by VideoPaul
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To: Kaslin

I hate HOAs. I used be the president of one (elected in absentia). I spent 90% of my time keeping the board from nosing into other people’s business.


22 posted on 04/18/2017 7:59:21 PM PDT by covertInLA
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To: Two Kids' Dad

“the problem will fix itself over time.”

While forcing non-smokers to bear the adverse affects of the smokers. I know that in some states you cannot create a “health nuisance” by smoking so as to cause the discomfort of others irrespective of the terms of your occupancy of your property. I would not be willing to wait for the offenders to “die off.” Smoking is a filthy habit.


23 posted on 04/18/2017 8:02:03 PM PDT by vette6387
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To: covertInLA

Thank goodness you were elected whether you wanted it or not, you saved your neighbors from busy bodies with NOTHING else to do with their time!!! I know it was time consuming but if I had lived there I would have been VERY GRATEFUL to have you there!!!


24 posted on 04/18/2017 8:12:55 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Kaslin
The U.S. Department of Housing and Urban Development maintains that its recently implemented smoking ban protects nonsmokers from secondhand smoke and reduces fire risks.

Just intuitively, I would be intellectually curious about a comparison of cause of fires (if it can be conclusively determined,) between use of smoking tobacco and candles of all kinds.

I sense an overreaching due to desperation...

25 posted on 04/18/2017 9:16:47 PM PDT by publius911 (I SUPPORT MY PRESIDENT?)
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To: Ouderkirk

cook fish stew like blue fish every night while i smoke. or smoke the blue fish.


26 posted on 04/18/2017 10:01:19 PM PDT by kvanbrunt2 (снова сделаем Ам)
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To: covertInLA
I spent 90% of my time keeping the board from nosing into other people’s business.

I had a similar experience, albeit somewhat briefer. When I first came aboard, the "board" was in the process of foreclosing on the home of an elderly man who was helpless, a process a couple of years in the pipeline.

Minutes of monthly meetings were spotty, selective, and more often than not incomplete. I refused to vote, simply abstained.

Changes to the Association rules which are required to be voted on by all members of the association, with no minimum majority required.

Out of 525 members, 20 members could pass an onerous new rule, if only a total of 39 members vote.
In addition, After the votes were counted, substantive changes were made to proposed association changes, with no further voting.

This all in California.
Any homeowner adversely affected is simply out of luck, since the paid management, and elected Board Members can draw on unlimited annual dues to fight any challenge.

Most examples of Homeowner Associations I have observed are simply legalized, unregulated extortionate groups, with NO oversight.

27 posted on 04/18/2017 10:16:23 PM PDT by publius911 (I SUPPORT MY PRESIDENT?)
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To: Kaslin

Why not get out in front of this and list your unit for sale?

I doubt they will go to a lot of effort to deal with a problem that is going to resolve itself shortly.

Move to a house or a better building.


28 posted on 04/18/2017 11:26:33 PM PDT by CurlyDave
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To: Kaslin

Can a co-op ban homosexuals?


29 posted on 04/19/2017 4:25:20 AM PDT by outofsalt ( If history teaches us anything it's that history rarely teaches us anything)
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To: Kaslin
Can a privately owned co-op evict residents for smoking?

I do not know.

but...

... Can a privately owned co-op evict residents; PERIOD?

30 posted on 04/19/2017 4:42:43 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Alberta's Child
In a condominium you own a unit and have a title to the property.

So?

The same is done in an area covered by an HOA.

IT seems to have a lot of POWER as well.

Smoking?

No power.

PAint your house the WRONG color??

31 posted on 04/19/2017 4:45:00 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: publius911

i witnessed two fires close up of housing in philly. one the guy on the third floor fell asleep (smoking cig which are made to burn — stogies usually go out)and torched the whole townhouse with 4-5 units. he died. the second was a whole rehab at 3rd and arch—maybe 15-20 units started by the union thugs torching the place. people, dogs pulled out just in time.. no fatalities. i have a picture somewhere of the firemen going thru after the fire was out on the third floor with a candle lit.


32 posted on 04/19/2017 4:45:11 AM PDT by kvanbrunt2 (снова сделаем Ам)
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To: markomalley

This is why I live out in the county: less ‘rules’ for me!!


33 posted on 04/19/2017 4:46:04 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: covertInLA

And in the other 10% you nosed along WITH them??


34 posted on 04/19/2017 4:47:26 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: publius911
Most examples of Homeowner Associations I have observed are simply legalized, unregulated extortionate groups, with NO oversight.

Sounds about right.

35 posted on 04/19/2017 4:49:04 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie
PAint your house the WRONG color??

I think we know this one!

36 posted on 04/19/2017 4:49:56 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

In a condominium or HOA the authority of the governing board is typically limited to the EXTERIOR of a unit or a house, and they can only address interior issues if they affect other residents (noise, odors, etc.). I’ve never heard of an HOA restricting paint colors INSIDE a home, but I’m sure co-op boards do it all the time.


37 posted on 04/19/2017 5:41:06 AM PDT by Alberta's Child
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To: Alberta's Child

Many HOAs require white curtains or blinds and drapes with a white lining.


38 posted on 04/19/2017 7:52:00 AM PDT by ladyjane
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To: vette6387
While forcing non-smokers to bear the adverse affects of the smokers.

This makes it appear you are advocating for non-smokers to have the right to abrogate smoker's lawful rights. Is that your position?

39 posted on 04/19/2017 8:12:54 AM PDT by MortMan (Attractive physicists have an exceptional incidence of thermal presence.)
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To: MortMan

“This makes it appear you are advocating for non-smokers to have the right to abrogate smoker’s lawful rights. Is that your position?”

Absolutely!!! NO ONE has a “lawful right” to endanger the health of anyone else, and allowing even second-hand tobacco smoke to permeate someone else’s residence is criminal. And BTW, Smoking isn’t a right! There is a lot not to like about things here in California today, but this state’s anti-smoking laws are not part of that. We had an abrupt jerk back to “the days of old” when we went to Las Vegas to see one of our daughters perform and had to walk through the casino of the hotel to get to the show room. It was awful!


40 posted on 04/19/2017 8:39:11 AM PDT by vette6387
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