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Home Front: Culture Wars
Condo owners lose right to smoke in own home
2006-11-18
GOLDEN - Colorado smokers grousing about no longer being able to light up in bars should consider the plight of a couple banned by a judge from smoking in their own home. Colleen and Rodger Sauve earlier this month lost a court battle to overturn a Heritage Hills #1 Condominium Homeowners Association rule that targeted their cigarette use because the smell of burning tobacco drifted into other condos in the four-unit complex where Colleen has lived, and smoked, for more than five years.

"I don't understand how you get to change the rules in the middle of the game," Colleen Sauve said Thursday. "There has to be a limit to a homeowners association's authority, especially when this (smoking) is a lawful act."

The legal battle began after the condo association responded to a complaint from the Sauve's next- door neighbor, Penelope Boyd, about the smoke and odor she said was coming from the Sauves' condo. Boyd's daughter, Christine Shedron, said the problem is not just the smell, but her mother's sensitivity to it. "It makes her nauseated; it makes her sick," Shedron said. "The thing about this is that this is not just my mom against these people. There have been complaints from every person that has lived in that complex with the exception of one or two."
Posted by:Fred

#15  Dude smoking nicotine weed was a favorite ritual for the American Indians, they rolled up huge blunts and smoked them in big ass pipes.

It was bad medicine for them though, they lost a whole country.
Posted by: Cheech   2006-11-18 13:50  

#14  just don't mess with my beans vato!
Posted by: Juan Valdez   2006-11-18 13:36  

#13  #7 repeated with typos.

i sed.. Not saying that actually smoking is good for a persons health, it isn't, but most " trachea clampage" ps histeria.
~~~~

Swamp Blondie, wasn't discounting your condition and or referencing the sub-set of non-smokers with compromised airways.

Those persons must insist and are responsible to make sure they have fresh unpolluted air to breathe.

and certainly I recognize that there are chain smokers who are insufferable but most folks like you said are courteous and will abide your wishes when it comes to their habits.

~~~~~~

Pop Quiz: HEY.. how 'bout you pot smokers out there lurking and toking away..are you offended by that evil nicotine weed too?

>::
Posted by: RD   2006-11-18 13:32  

#12  Don't know about this Homeowner Ass'n, but if C & R's need changing, there is a formal method for doing that, that generally involves an approving vote of some percentage of the owners. If that is what happened, then too bad. If not, then she may have a case ( if she decides to appeal). Like others have said, read all the documents that come with your (prospective) purchase and do it before you sign on the dotted line.
Posted by: USN, ret.   2006-11-18 12:48  

#11  (I know some smokers who refuse to smoke in their own houses and go outside to do it regardless of the weather, so I know they're out there).

Yeah, that's what I did. It's half the fun. Meet a lot of people that way.
Posted by: Shipman   2006-11-18 11:01  

#10  I'm glad it doesn't bother you, RD. But it sure sets off my asthma, and cigarette smoke does it for many other asthmatics I know.

As long as a smoker makes an effort to keep that crap away from me, and I can go to a part of the premises with clear air, I have no problem with it. Most smokers do try if you ask them to, and I appreciate that.

My mother was a chain smoker, however, and was too sadly typical of the few extremely rude smokers who loudly go off about how they have the "right" to smoke anywhere, anytime, blah blah blah....somehow I don't have the corresponding right to not use my inhaler during a public outing, or to not have my hair and clothes reek of that crap, in their self-centered view of the world.

Bringing it back to this story, she had to have pissed off even some smokers for all virtually all the residents to back a smoking ban in their own residences (I know some smokers who refuse to smoke in their own houses and go outside to do it regardless of the weather, so I know they're out there). About a quarter of the population smokes, so unless she happened to live in a place where she is the only smoker, which is highly unlikely, her behavior and attitude was bad enough to tork everyone else off.

Again, serves her right if she's that way.

In any case, don't move somewhere that has a homeowner's association if your property rights mean anything to you. If she didn't bother to read the fine print, again, serves her right...
Posted by: Swamp Blondie   2006-11-18 10:09  

#9  Nice picture, though it should have the hackenkreuz behind it.
Posted by: SwissTex   2006-11-18 10:02  

#8  is hysteria

whereas most of my Lyping and ybtax is rtetarded
Posted by: RD   2006-11-18 08:15  

#7  Swamp Blondie, I don't smoke [over 20 yrs] and tobacco smoke does not bother me anymore or less than any 'ordinary' smoke does, IE fireworks, forest fires, fireplaces, BBQ, or even my Special Blackened Grub Recipes.

Not saying that actually smoking is good for a persons health, it isn't, but most " trachea clampage" ps histeria.
Posted by: RD   2006-11-18 07:39  

#6  I would not consider living any where that has a "homeowners association". Under your purchase contract they are in control of your property and rights not you. C&Rs are a real pain, best to understnd them before you make that purchase.
Posted by: Sock Puppet of Doom   2006-11-18 05:11  

#5  RD, that's because none of them are as likely to cause your trachea to seize up like tobacco smoke.
Posted by: Swamp Blondie   2006-11-18 04:46  

#4  Puritan
Posted by: RD   2006-11-18 02:10  

#3  every lefy I know would be offended if you called them Purtains, but Purtains they are because they never Whine and Bitch incessantly about fireplace smoke, campfires, fireworks or smoke produced from cooking in their kitchens.

Posted by: RD   2006-11-18 02:09  

#2  the smell of burning tobacco drifted into other condos

Sounds like they have problems with air flow. Call your neighborhood engineer to the fix the problem instead of wasting money on lawyers.
Posted by: Groluns Unineger4820   2006-11-18 01:13  

#1  Welcome to the wonderful world of the Homeowners Association. Things like this are exactly why I specified to my real estate agent that I wouldn't even consider purchasing a home where I would have to put up with one.

That being said....looks like ol' Colleen has a bigger problem than her nasty habit if she has pissed off the rest of the residents to this point. I wonder if she's one of those godawful "I gots the right to light up and to hell with you and your lungs iffen you don't likes it" smokers that just don't care who they irritate with their cigarettes. Kind of serves her right if she is.
Posted by: Swamp Blondie   2006-11-18 00:45  

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