HOA Rule Forbids Couple To Smoke In Their Own Home

highwayman

highwayman

New Member
Consider this if you are considering buying a house or currently own a house under an HOA..

I don't smoke, I can smell the neibors across the street, under the right conditions, when they light up. But I am with the homeowners on this. They are making the mortgage not the HOA on the house...


http://www.thedenverchannel.com/news/10336501/detail.html
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.
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I've lived in a townhouse. For those of you who don't know, a town house (sometimes called a row house) shares walls with it's neighbours. Depending on how they're built, there may or my not be a firewall inbetween houses, but most often not. And depending again on the wall, smells can and do transmit. But the more important thing, for me in this case, is the increased fire risk for smokers. Some twit careless with a butt, and you stand a damn good chance of burning the entire row down.
 
I'm not a fan on the slight against free reign within ones own property... but a condo isn't 'owns ones own property' living. It is naught more than a petty flattery of a legalized mob rule.
 
Nov. 17 - KGO - Starting Friday, no one in unincorporated areas of Contra Costa County will be allowed to smoke in most outdoor areas.

The ordinance that was passed last month bans smoking in places such as neighborhood parks, bus stops, common areas of apartment complexes, and near ATM machines.

It only applies to unincorporated areas where the county has jurisdiction, such as Alamo, Bay Point, and Pacheco.

East Bay regional parks and Mt. Diablo State Park are not covered.

Copyright 2006, ABC7/KGO-TV/DT.
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Among others.

Smoking is soon to be illegal but they're trying to legalize pot. Riddle me that Budman.
 
Professur said:
I've lived in a townhouse. For those of you who don't know, a town house (sometimes called a row house) shares walls with it's neighbours. Depending on how they're built, there may or my not be a firewall inbetween houses, but most often not. And depending again on the wall, smells can and do transmit. But the more important thing, for me in this case, is the increased fire risk for smokers. Some twit careless with a butt, and you stand a damn good chance of burning the entire row down.
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To be really safe they should also ban BBQs, Handguns, surge protectors, gas ranges, George Foreman grills, flammable substances, prescription drugs, alcohol, lightbulbs, portable heaters, toothpicks, lawn darts, handguns, and thumbtacks.
 
spike said:
To be really safe they should also ban BBQs, Handguns, surge protectors, gas ranges, George Foreman grills, flammable substances, prescription drugs, alcohol, lightbulbs, portable heaters, toothpicks, lawn darts, handguns, and thumbtacks.
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Telling us something?
 
Is oh so thankful I'm smart enough not to buy property where some other asshole can tell me what to do. Y'all can have yer suburban living, I'll stay here in th' sticks thankyejustthesame.
 
SouthernN'Proud said:
Is oh so thankful I'm smart enough not to buy property where some other asshole can tell me what to do. Y'all can have yer suburban living, I'll stay here in th' sticks thankyejustthesame.
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Amen to that, FUCK the HOAs, I don't need somebody to tell me to mow my lawn when I want to drink beer...
 
But when you want to sell your property and you can't because the guy next door has 3 cars on blocks and a goat chewing on his overgrown lawn while his wife hangs his holey underpants up to dry on the front porch you might wish you had one.
I'm not a huge fan of our HOA convenance but there is a valid purpose for it...and a way around most of the annoying rules.
 
But I don't wanna sell my property, and they sell trees to make it so you can't see the holey drawers and such.

I mean/meant no personal affront to anyone, but IMO these home owners groups are a prime example of American citizens not valuing their freedoms. If my neighbor is doing/not doing something to the point that it impacts me, I will speak to him. If that doesn't work, I will do what I can to make it so his actions have no impact on me.

Right now in fact, our neighbors have an assortment of (drum roll please) demolition derby cars behind their house. They coexist with a vast collection of broken farm implements, various piles of unrecognizable junk, and an admirable start to a trash heap. Two single-wide trailers within 15 feet of each other, neither underpinned, both still on wheels and concrete blocks, one electric hookup with (I shit you not) extension cords supplying power to the other. Do I relish the sight? Hail no. But it is theirs, not mine. Just as I don't want them over here telling me what to do (and mind, they are the people we bought this property from) I do not meddle in their affairs. Should the place become a breeding ground for legless reptiles or other varmints, I will ask them to do something. If/when they refuse, I will monitor it until it breaks the law and then call the po-po. As I would expect from anyone if mine were the eyesore.

Maybe it's just me. But I do not cotton to some uppity asshole walking up to the house I pay for telling me what I can and cannot do in/on/to/outside it. In fact, that's a good way to get acquainted with my ol' buddy 12 guage. But to each their own and a little more I guess.
 
theres a rumor that my neighborhood has a HOA, but i have yet to see any sanctions for standard HOA violations, garbage cans in yard, barking dogs at 1am, etc.
 
I refuse to buy or live in a neighborhood where someone that does not pay my rent/mortgage/taxes has any say over what I do to/on/with my property.
 
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