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post #1 of 111 (permalink) Old 11-21-2006, 10:10 AM Thread Starter
 
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No more smoking at home

http://www.thedenverchannel.com/news...01/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.
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.
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.
The couple now has to light up on the street in front of their condominium building.
"I think it's ridiculous. If there's another blizzard, I'm going to be having to stand out on the street, smoking a cigarette," said Colleen Sauve.
For five years the couple has smoked in their living room and that had neighbors fuming.
"At times, it smells like someone is sitting in the room with you, smoking. So yes, it's very heavy," said condo owner Christine Shedron.
The Sauves said they have tried to seal their unit. One tenant spent thousands of dollars trying to minimize the odor.
"We got complaints and we felt like it was necessary to protect our tenants and our investment," said Shedron.
The Sauves said they would like to appeal the judge's ruling but are unsure if they have the money to continue fighting. They said what goes on behind their closed doors shouldn't be other people's business.
"I don't understand. If I was here and I was doing a lawful act in my home when they got here, why can they say, 'OK, now you have to change,'" said Colleen Sauve. "We're not arguing the right to smoke as much as we're arguing the right to privacy in our home."
Other homeowners believe, as with loud music, that the rights of a community trump the rights of individual residents. The HOA is also concerned that tenants will sue those homeowners for exposure to second-hand smoke and this could be a liability issue.
The couple said that they would like to unload their condo and get out of the HOA entirely, but they are not sure if the real estate market is right.
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post #2 of 111 (permalink) Old 11-21-2006, 10:12 AM
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The {insert whatever} next door bugs me, let's outlaw it.

Pick from the list:

pit bull
cigarettes
baby
loud music
ethnic cooking
orgasmic squeals
smell of beer
etc.

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post #3 of 111 (permalink) Old 11-21-2006, 10:32 AM Thread Starter
 
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Here's a fun one, back in high school my mom and I had some company over. We fired up the grill on her 1st floor condo right on the patio. The lady upstairs came out on the balcony and said "The smoke is coming in my condo." So we said "not a problem", and since my mom has somewhat of a backyard, we moved the grill out to the yard. But then the lady (who was on the board) yelled "That's limited common area where grilling is not allowed." So we moved the grill back to the patio. Since we were obviously breaking the rule out there and she wouldn't let it go, we figured there was no rule against smoking her out of her home. Well of course in a couple months grilling was banned. No need for logic...just ban the shit out of everything.

Forget about ruling that proper ventilation must be had (or something more reasonable) with the smoking, just go straight for the ban.
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post #4 of 111 (permalink) Old 11-21-2006, 10:41 AM
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Wow.... Why don't they just cut the booshiet and ban smoking altogether??

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post #5 of 111 (permalink) Old 11-21-2006, 10:41 AM
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You knew this was coming...here's the perfect example to all those pushing for govt enforced smoking bans. This is the next step.

Hmmmzz...ya know what, I don't like those damn sportbikers tearing around my neighborhood either. The noise and the speed are dangerous to both myself and my children's livelyhood. Ya know what, it's bad for the riders themselves anyways. Wether they know it or not. We should ban that too.

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post #6 of 111 (permalink) Old 11-21-2006, 10:52 AM
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What's next?

"My neighbor took a big dump last night and I could smell it because his bathroom wall is a common wall in our townhouse. It gave me a stomach ache because it smelled so bad. Can you ban him from using the bathroom?"
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post #7 of 111 (permalink) Old 11-21-2006, 10:55 AM
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Quote:
Originally Posted by teamben158
What's next?

"My neighbor took a big dump last night and I could smell it because his bathroom wall is a common wall in our townhouse. It gave me a stomach ache because it smelled so bad. Can you ban him from using the bathroom?"
He has to shit across the street like a dog

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post #8 of 111 (permalink) Old 11-21-2006, 11:02 AM
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Quote:
Originally Posted by Arch
He has to shit across the street like a dog
Better make sure to pick it up afterward to avoid a $75 fine. And you can't put it in your garbage outside, because the smell could discomfort people walking by.
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post #9 of 111 (permalink) Old 11-21-2006, 11:05 AM
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Those must be some seriously shitty condos if smoke leaks from one to the other. I know my neighbors smoke, I've never smelled it once.
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post #10 of 111 (permalink) Old 11-21-2006, 11:07 AM
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Quote:
Originally Posted by teamben158
Better make sure to pick it up afterward to avoid a $75 fine. And you can't put it in your garbage outside, because the smell could discomfort people walking by.
Those ordinances usually specifically refer to the pets shitting and not the owners shitting.

I'd fight the $75 fine due to that language

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post #11 of 111 (permalink) Old 11-21-2006, 11:13 AM Thread Starter
 
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Quote:
Originally Posted by teamben158
What's next?

"My neighbor took a big dump last night and I could smell it because his bathroom wall is a common wall in our townhouse. It gave me a stomach ache because it smelled so bad. Can you ban him from using the bathroom?"
"What are you in for?"

"Killed a man...how about you?"

"I took a dump and made my neighbor sick."

Sounds like a good line to say so that you don't become the prison bitch.
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post #12 of 111 (permalink) Old 11-21-2006, 11:13 AM
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Quote:
Originally Posted by EndlessRR
Wow.... Why don't they just cut the booshiet and ban smoking altogether??

+1

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post #13 of 111 (permalink) Old 11-21-2006, 11:25 AM Thread Starter
 
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Ok but it's Colorado, so it's understandable I'm sure that it depends on where you live, for instance I'm sure if you lived in the

Northwest: "Judgement is for the defendant, smoke away you baby tree killer. We need to go save something inatimate with leaves on it."

New York: "After reviewing both sides of the case my ruling is that the plaintiff is a stupid motherf*%(er, my uncle Tony is going to have a tawk with you afterwards."

The South: (judge holding a cigarette) "After a thur-oh review of your case (judge winks at tobacco rep) I've come to the fair conclusion (judge winks and giggles towards lawyer) that it has been eee-sta-blished that Intelligent Design can and will be taught in our school system."

"But your honor, this trial was about smoking in the home!!!"

"Son, do you want me to hold you in contempt? Because so help me god I'll have your ass thrown in a cell so fast that you ain't gonna be able to even yell out "brown-wheat-buttermilk-biscuits" before my dep-u-ta here takes you down. Boy I will mess you up."

Chicago: "Seeing as there's no guns involved and no money to be made by handing out $3000 tickets for running the Ipass lane, I rule that Da Bears will dominate."
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post #14 of 111 (permalink) Old 11-21-2006, 11:26 AM
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Quote:
Originally Posted by teamben158
Better make sure to pick it up afterward to avoid a $75 fine. And you can't put it in your garbage outside, because the smell could discomfort people walking by.
And don't forget the mandatory $75 fine for public indecency while you are droppin a load across the street

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post #15 of 111 (permalink) Old 11-21-2006, 11:29 AM
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post #16 of 111 (permalink) Old 11-21-2006, 11:30 AM
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thats fuckin bullshit!!!!! your home is where u have the highest expectation of privacy, that is stomping all over their rights... i would be so pissed. that sucks.

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post #17 of 111 (permalink) Old 11-21-2006, 11:35 AM
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Good. Ban it all.

Quote:
Originally Posted by teamben158
What's next?

"My neighbor took a big dump last night and I could smell it because his bathroom wall is a common wall in our townhouse. It gave me a stomach ache because it smelled so bad. Can you ban him from using the bathroom?"
You Goddamn right that would be a problem. You don't see a problem of fecal matter coming into your home?

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post #18 of 111 (permalink) Old 11-21-2006, 11:44 AM
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Quote:
Originally Posted by BIGGY
Chicago: "Seeing as there's no guns involved and no money to be made by handing out $3000 tickets for running the Ipass lane, I rule that Da Bears will dominate."
Don't these condo's have exhaust fans in the kitchen??

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post #19 of 111 (permalink) Old 11-21-2006, 11:56 AM
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As you guys know I'm all for public smoking bans, but this is someone's home, their private property, their sanctuary. I think the Association is going beyond their rightful bounds here. I don't think there should be a ban on smoking in your own home. That's pretty f*cked up.

If the smoke is seeping into neighboring units then I think a compromise could be found, like fixing the leaks. But the outright banning of smoking in someone's home is wrong.

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post #20 of 111 (permalink) Old 11-21-2006, 12:02 PM
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It's all downhill now. People said yes to ban smoking in public buildings, then it's the homes, then the cars, then public smoking, then cigs altogether. I love it. I feel like i'm in N. Korea...

Quote:
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No one says you have to get drunk everytime you drink.

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post #21 of 111 (permalink) Old 11-21-2006, 12:04 PM
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It's cheaper for the association to ban smoking than it is for them to fix the leaks. I do however think there might be some sort of ACLU issue here, they can't tell you what you can and can not do in your own home.
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post #22 of 111 (permalink) Old 11-21-2006, 12:05 PM
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Quote:
Originally Posted by maoisn
Good. Ban it all.



You Goddamn right that would be a problem. You don't see a problem of fecal matter coming into your home?
It would be a different story if it were actual fecal matter seeping through the wall. I was referring to a smell coming through.
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post #23 of 111 (permalink) Old 11-21-2006, 12:13 PM
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and everyone laughed when they saw Demolition Man. This is definitely happening here. This is one of the reasons why you can't let a public ban pass, because it starts this crap. Just work on a compromise, like the smoking/non smoking areas and call it a day.

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post #24 of 111 (permalink) Old 11-21-2006, 12:14 PM
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simpler fix: If you don't like your neighbors then move.

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post #25 of 111 (permalink) Old 11-21-2006, 12:14 PM
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Quote:
Originally Posted by EndlessRR
It's all downhill now. People said yes to ban smoking in public buildings, then it's the homes, then the cars, then public smoking, then cigs altogether. I love it. I feel like i'm in N. Korea...

There's a huge jump from a ban in public buildings to a ban in a private home. Also banning things in cars is totally different than a private home. I could go on but I'm sure you get it.

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post #26 of 111 (permalink) Old 11-21-2006, 12:15 PM
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Quote:
Originally Posted by ChiefBD
and everyone laughed when they saw Demolition Man. This is definitely happening here. This is one of the reasons why you can't let a public ban pass, because it starts this crap. Just work on a compromise, like the smoking/non smoking areas and call it a day.

A smoking section in a restaurant is like a pissing section in a pool.

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post #27 of 111 (permalink) Old 11-21-2006, 12:16 PM
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How about people that smoke get their neighbors a gas mask for Christmas this year .

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post #28 of 111 (permalink) Old 11-21-2006, 12:16 PM
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Quote:
Originally Posted by Chills
A smoking section in a restaurant is like a pissing section in a pool.
pollution is all about concentration (ppm or ppb).

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post #29 of 111 (permalink) Old 11-21-2006, 12:17 PM
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A smoking section in a restaurant is like a pissing section in a pool.
And if you don't like my warmth swirling around you then stop swimming.
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post #30 of 111 (permalink) Old 11-21-2006, 12:18 PM
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Quote:
Originally Posted by teamben158
It would be a different story if it were actual fecal matter seeping through the wall. I was referring to a smell coming through.
Same shit. Who would want to pay a few hundred thousand dollars so they could smell their neighbor's shit?

I don't allow my tenants to BBQ on the porch because 1) It's a fire hazard and 2) I don't want the smell of smoke coming into the other apartments. Yup, I'm a Nazi landlord.

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