Judge Forbids Smoking in Own Home

Discussion in '2006 Archive' started by carpro, Nov 17, 2006.

  1. carpro

    carpro
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    http://www.thedenverchannel.com/news/10336501/detail.html

    HOA Rule Forbids Couple To Smoke In Their Own Home
    Judge Upholds Homeowners' Association Order


    GOLDEN, Colo. -- A judge has upheld a homeowners association's order barring a couple from smoking in the town house they own.

    Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.

    "We argued that the HOA was not being reasonable in restricting smoking in our own unit, nowhere on the premises, not in the parking lot or on our patio," Colleen Sauve said.

    The Heritage Hills #1 Condominium Owners Association was responding to complaints from the Sauves' neighbors who said cigarette smoke was seeping into their units, representing a nuisance to others in the building.

    In a Nov. 7 ruling, Jefferson County District Judge Lily Oeffler ruled the association can keep the couple from smoking in their own home.
     
  2. KenH

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    Actually, it's the HOA's bylaws that are forbidding them from smoking.
     
  3. carpro

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    Yes, but they amended their bylaws to address this issue. It was not in the bylaws when this couple purchased their condo.
     
  4. Petra-O IX

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    Most likely if they had not smoked so heavily it wouldn't have become a nuisance, smoking wasn't so much the issue as was the result of heavy smoking creating the nuisance.
     
  5. Daisy

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    I would think that the loud music analogy was valid. If the smoke is bad enough that the neighbors are aware of it, it qualifies as a nuisance and possibly even a fire hazard.
     
  6. carpro

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    Then why amend the association bylaws if it was covered under the nuisance section of the previous bylaws?
     
  7. Petra-O IX

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    Apparantly a majority of HOA members felt it was necessary. I doubt that this amendment played a very large part in the ruling as much as the effect of heavy smoking creating the nuisance.
     
  8. carpro

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    It appears you are correct.

    I still object to this intrusion on the privacy of ones home.

    BTW I'm a non smoker.;)

    I suggest the complainants may be rabid anti smokers and objected to the act itself instead of any real problem with the effects.
     
  9. Petra-O IX

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    I used to be a smoker but have been quit for over 28 years, I would not think I would object to some people's smoking habits but sometimes a habit can cause one to go beyond what is reasonable.
    I had once lived in a community that had a HOA, it can be a pain in the neck . I had to deal with several neighbors over noise isssues(Loud Music) and even though they had the right to play whatever music they wanted they did not have the right to infringe on the privacy of my own home with their loud music being played in excess. This may be the case with the other homeowners who had to deal with cigarette smoke invading the privacy of their own home.
    I do know how enjoyable smoking can be and at the same time I know how the habit can cause you to lose your own self-control.
     
  10. LadyEagle

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    I guess a person's home they are buying isn't necessarily their castle. Sounds like communism to me.
     
  11. Petra-O IX

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    Yep! In a way you are right LE.However most people know what they are getting into when the buy into a HOA or a POA . This type of home ownership is not for everyone so beware when reading the terms of ownership on any property you buy.
     
  12. hillclimber1

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    With the modern smoke filters/home air fresheners available today, there's no reason for the neighbors to smell it or complain about it. Unless of course they are using Binocular's to see in the house. But that's another nuisance.
     
  13. Not_hard_to_find

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    "Heavily" is subjective. Someone with allergies would notice second hand smoke much more quickly than someone else.

    Sort of like citizens giving up certain freedoms when they band together for personal benefits. Give up one freedom (loud music) and others can be taken away by the majority.

    Sound familiar?
     
  14. Petra-O IX

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    Colleen and Rodger Sauve still have the freedom to smoke as long as their freedom doesn't overstep thier neighbor's freedoms to be free from effects of smoking
    In this case we are talking about Townhouses, if the Suaves had lived in a detached housing unit with space between thier neighbors this probably wouldn't have been a problem.
     
  15. The Galatian

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    It is, in a sense. When you buy into property covered by a homeowner's association, you give up some of your property rights.

    That's how it is. If you don't like it, don't get involved in those associations.

    I know I wouldn't.
     
  16. LeBuick

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    And you pay them to take your rights.
     
  17. Terry_Herrington

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    I agree! The only problem I can possibly see is that the other people living in the adjoining living spaces should not be forced to deal with this families smoke.

    If these smokers could contain their smoke, maybe like Hillclimber suggested by using a good quality filter, I think they should have the right to smoke in their own home.
     
  18. billwald

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    Wonder if there is also a rule against boiling kidneys and cabbage? <G>
     
  19. El_Guero

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    This one tears me up.

    On the one hand, the best thing for this couple is to stop.

    On the other hand, this is down right dirty.

    IMHO.

    God bless

    Wayne

     

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