HOA Rule Forbids Couple To Smoke In Their Own Home

[coonrebel]

This Was just on our News today.

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

GOLDEN, Colo. -- A judge has upheld a homeowners' association 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 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' neighbor about smoke odor seeping into her unit.
In a Nov. 7 ruling, Jefferson County District Judge Lily Oeffler ruled the association can keep the couple from smoking in their own home.
Oeffler stated "smoke and/or smoke smell" is not contained to one area and that smoke smell "constitutes a nuisance." She noted that under condo declarations, nuisances are not allowed.

[coonrebel]

This was from another station.

GOLDEN, Colo. A couple in Golden knew they couldn't smoke in bars and businesses but they never imagined they'd be banned from lighting up at home.

As a smoker for 30 years, Colleen Sauve has long felt discriminated against but was fed up when her Homeowner's Association told her she couldn't smoke in her own condo.

"To take away my homeowners rights, I feel is unjust," Sauve said.

It started last spring when the Heritage Hills Condominium Association passed a new covenant saying smoking anywhere on the property is off limits and could result in $50 fines.

"We have gone to great lengths, to the tune of thousands of dollars, to seal the smoke out from other units," said Christine Shedron, head of Sauve's HOA.

Sauve said she and her husband tried sealing pipes, blowing insulation in walls and installing charcoal filters in air intakes but nothing worked.

"We have three other units in there and they're rights are being infringed upon because they're smelling smoke all the time," Shedron said.

The HOA offered a compromise and said the couple could smoke on the deck.

Sauve and her husband weren't satisfied so they sued the HOA ... but lost.

"We were stunned," Sauve said.

The judge said the odor of smoke constitutes a nuisance, much like loud music.

"Is my neighbor barbecuing a hamburger constitute a nuisance to someone who doesn't like the smell of hamburger?" Sauve said. "What's next?"

Sauve and her husband are trying to raise enough money to appeal the judge's ruling.

[Miriam C.]

I smoked for 17 years and never noticed how awful it smelled. After 10 years of not smoking I smell it if someone walked down my street. I have to shower if I visit my inlaws. It really can get outta hand. Yesterday I entered my daughters house (which should be smoke free) with a clean wool sweater on and now have to go to the cleaners.

Perhaps this couple should move to a private house where they can be happy.

[Jiminsav]

I smoked for 30 some-odd years and quit 9 years ago...now I can smell a guy smoking in his/her car in front of me going down I-95..

[mrainey]

My son has smokers living in the apartment below him. The smoke makes his place smell pretty rank. You can't get away from it - besides smelling it all the time, your furniture stinks, your clothes stink, your hair stinks.

It's nasty.

[Spadinator]

I lived in an HOA for about 5 years.....I got a threatening letter one year that said I was going to be fined 50 bucks a day because my christmas lights were up past jan. 15th. I had to crawl upon my roof in 12 inches of snow to remove them. I no longer live in an HOA and loving every minute of it.

[JawjaBoy]

My $.02 worth: if some body wants to pollute the air that goes into THEIR lungs,that's their biz-- if it goes into MINE,it becomes my biz and I am the type of guy who is not afraid to do whatever it takes to rectify the problem.

[mightypan42]

I couldn't be paid to live anywhere with a HOA. If I wanted people to tell me how to live my life, I'd move back in with my parents.