Comments on: Court Upholds HOA Rule Against Smoking in Own Home

By: Laura

Laura — Tue, 28 Nov 2006 18:09:03 +0000

As a non-smoker, I am happy to see a judge show some common sense! Why should a smokers right supersede mine? Why should I get cancer and have to put up with the noxious smell of cancer sticks, smells that permeate my curtains, rugs, bedding, ect? toilet smells and cooking smells dissipate after a while, Cigg. smoke does not!

By: ronald

ronald — Sat, 18 Nov 2006 12:06:10 +0000

Anyone who refers to the smell of cigarette smoke as a "stench"
is a troublemaking fanatic who should be slapped and ignored. It's one of a thousand smells and better than most.

By: Zelsdorf Ragshaft III

Zelsdorf Ragshaft III — Sat, 18 Nov 2006 05:45:03 +0000

I wonder how the laws there are concerning the accidental discharge of a firearm, through the walls, floor or ceiling into the residence of those who report smokers who have had there right to privacy abridged by some incompetent judge.

By: Barry

Barry — Sat, 18 Nov 2006 05:20:01 +0000

If the smell of cigarette smoke can penetrate a solid wall, so can
cooking and bathroom smells which are no better.

Exactly. What if your neighbor is on a high fiber diet? What if your neighbor cooks Indian food every night? Those are potent aromas too.

And smoke cannot seep thru walls with the odor intact. As a former gas company employee, I can tell you that the artificial odorant in natural gas is often scrubbed out after seeping thru soil or porous building materials. I'd bet cigarette smoke would be similarly affected.

Sounds like the couple in question have been targeted by anti-smoking zealots who twisted the HOA boardmembers' arms and got their way. Not to mention the underhandedness of changing the HOA rules after a sale. Seems to me that would void the original sale contract. I hope the smokers appeal.

And as Andrew Jackson once said- the court has made their ruling; let's see them enforce it.

By: Herb

Herb — Sat, 18 Nov 2006 03:40:29 +0000

April:

Every time a lawyer does contribute bucks for the public good, it for the good of their own pocketbook. I guess that being a part of the public, lawyers "contribute" for themselves. OK?

By: Herb

Herb — Sat, 18 Nov 2006 03:36:19 +0000

In spite of some who think Lawyers are "Good and Pure", I can only say that in all my many, many yaers of life, I NEVER heard of, nor have seen, an "Honest lawyer.

To prove a point, Most politicans ane lawyers. That alone should send a message.

By: geezer

geezer — Sat, 18 Nov 2006 03:24:35 +0000

As a 30 year smoker, I'll readily admit smoking sucks, and wish to hell the wife and I could quit together. Still, I can't help thinking that repeated viewings of Denis Leary's "No Cure For Cancer" DVD could eventually provide a bridge of peace, goodwill and understanding amongst the warring parties.

By: April

April — Sat, 18 Nov 2006 03:11:48 +0000

Save your vitriolic comments toward "L"awyers for the minority who engage in the conduct you describe, rather than lumping all attorneys (especially those who expend significant amounts of time and "bucks" contributing to the public good) into one group.

By: Herb

Herb — Sat, 18 Nov 2006 00:01:09 +0000

I guess that some will NEVER learn that 90% of the "no smoking: nonsense amounts to nothing more than Millions and Millions of dollars in a few Lawyers pockets. The lawyers have made a specialty in "No Smoking" issues and have "Convinced" some idiots that they are the "foremost Authority" on these smoking issues while the lawyers themselves have screwed the general public out of Billions of dollars. They are smiling all the way to the bank with every decision that "goes their way" Oh well, some just don't have the intellect to know that Lawyers are at the very bottom end of the chain of humanity and would do or say anything for a buck

By: Electric Venom » Blog Archive » One Day They’ll Come For You

Electric Venom » Blog Archive » One Day They’ll Come For You — Fri, 17 Nov 2006 23:22:02 +0000

[...] One Day They’ll Come For You Today is the Great American Smokeout, which some people find a bore. Ironically, it’s also the day on which a Colorado court upheld a Homeowners’ Association rule that prohibited property owners from smoking in their homes. Specifically, two condo owners who’d purchased their property under one set of HOA bylaws — and who smoke — have been told they may no longer light up in the townhouse they lawfully own. [...]

By: just me

just me — Fri, 17 Nov 2006 23:21:15 +0000

This is why I won't buy homes in neighborhoods that have HOAs.

I don't know enough about the rules to know situations like this fit into the legalities. I would think an HOA could have a smoking ban in its bylaws, but not sure that it is wise or fair to homeowners to make this rule after people have already purchased their homes.

But in general I am not really keen on the move to ban smoking all over the place.

By: james

james — Fri, 17 Nov 2006 22:03:00 +0000

If the smell of cigarette smoke can penetrate a solid wall, so can
cooking and bathroom smells which are no better. The neighbors' complaints are utterly frivolous and done purely for the sake of harrassment. That a judge would go along with such assholes is unconsionable. and surely grounds for appeal.

By: John Burgess

John Burgess — Fri, 17 Nov 2006 21:55:06 +0000

That's the kind of HOA behavior that causes people to pick up guns and start shooting. Or burning the entire place to the ground. Oh, I'm sure the HOA also has some ordinance forbidding guns, too....

Rather than the cowardly nickel-and-dime approach, those who object so strenuously to tobacco smoke should be lobbying Congress to make it an illegal drug.

By: Dave

Dave — Fri, 17 Nov 2006 21:29:34 +0000

Heavy smoke can seep from one condo into another under the doors if there is a common, closed entrance hall. These types of setups do not usually have air-tight entry doors on each unit. The solution is for the smokers to buy and use a large heppa filter near their door so the problem subsides. They might even find they like their own environment better.

By: ken

ken — Fri, 17 Nov 2006 20:55:16 +0000

Townhouses are built with shared walls. Usually they have windows all opening on the same space, oft times a balcony as well, or a small enclosed green area.

Smoke does not go through the walls, it enters through open windows.

People who live in communities like this have the right to enjoy their homes without being bothered by others behavior.

I suppose they also ban BBQ type smokers for the same reason.

If someone were able to keep the smoke, along with all its irritants, within their own townhouse, then I don't see any complaints arising. But even smokers like fresh air. We've all seen them, even in the cold of winter, smokers drive with windows open. So I am sure that even at home they 'air' out the place to make it more livable. The problem arises when this makes their neighbors place less livable.