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JohnS16 (Colorado)
Posts: 1
Posted:
In November 2006 a Condominium Homeowners Association in Golden, Colorado amended it's bylaws to prohibit smoking throughout the property to include units and patios. The Association ruling was upheld in District court. The request for the amendment was brought forward by a neighbor in the same building who said the smoke and smell was seeping into their unit, representing a nuisance to others in the building. Other homewowners believe, as with loud music, that the rights of a community trump the rights of individual residents. The HOA was also concerned that homeowners would sue the Association for exposure to second-hand smoke and this could be a liability issue. Does anyone know of other HOA's that have passed a similar law?? I am considering bringing forth a proposal to our BOD at the next meeting and would like some feedback.
AlexL1 (Florida)
Posts: 305
Posted:
No, but if upheld, actions in the bedroom will soon be regulated
SusanW1 (Michigan)
Posts: 5,202
Posted:
What . . . ? No cigarette afterwards?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By AlexL1 on 05/03/2008 8:53 AM
No, but if upheld, actions in the bedroom will soon be regulated

Why? What are you doing in your bedroom that is leeching into other areas and/or impacting other human beings?

MaryA1 (Arizona)
Posts: 7,043
Posted:
John,

I have heard of condo assn's making this rule. This would apply to units that share heating and cooling ducts and common hallways.
BrianB (California)
Posts: 2,820
Posted:
it's only a few more steps before this could be applied to single family homes.

If the threat of second hand smoke migrating from one "unit" to another is legally admissible and potentially tortable, then we are talking distance and ability. IF the distance is close enough and there is the ability of the smoke to drift, then it can be regulated. COurts already uphold a variety of "distance" laws, from 10 feet to 50 feet that they believe smoke can "drift" and present a danger to others, and use them in enforcing distance from doorways rules, how far the salad bar must be from the smoking area, etc.

So, one more step: Your neighbor lights up on his patio. the smoke drifts 15 feet over to your garden. Can you then force him to legally stop smoking on his own property? Why not? He can't smoke within 25 feet of an entrance to a cafe, why can he smoke within 15 feet of me?

That day is sooner than you probably want to think.

DJ1 (Ontario)
Posts: 798
Posted:
Brian, "That day is sooner than you probably want to think."

So is the day the smoker dies with each puff they take and then maybe there will no longer be demand from non-smokers to be protected from the hazard the smoker creates for the non-smoker. Just to be clear, I have no problem with a smoker killing themselves...just don't take me with em.
TracyT (Maryland)
Posts: 228
Posted:
Quote:
Posted By MicheleD on 05/03/2008 12:10 PM
Posted By AlexL1 on 05/03/2008 8:53 AM
No, but if upheld, actions in the bedroom will soon be regulated


Why? What are you doing in your bedroom that is leeching into other areas and/or impacting other human beings?


Um (not me, of course but) possibly making loud, obnoxious, offensive noise and screams of ecstasy - a noxious activity or an infraction the noise ordinances :-).

Don't worry all, once the FDA approves the first drugs made from tobacco plants they'll have their way with banning smoking. After all you can't just exstinguish a whole industry, right? Gee, I sure hope that there's nothing toxic in those plants that could remain an impurity in a medical product.

The question is where will the excess tax revenue come from when that happens?
JanM (Texas)
Posts: 142
Posted:
Quote:
Posted By TracyT on 05/04/2008 1:27 PM
Posted By MicheleD on 05/03/2008 12:10 PM
Posted By AlexL1 on 05/03/2008 8:53 AM
No, but if upheld, actions in the bedroom will soon be regulated


Why? What are you doing in your bedroom that is leeching into other areas and/or impacting other human beings?



Um (not me, of course but) possibly making loud, obnoxious, offensive noise and screams of ecstasy - a noxious activity or an infraction the noise ordinances :-).

Don't worry all, once the FDA approves the first drugs made from tobacco plants they'll have their way with banning smoking. After all you can't just exstinguish a whole industry, right? Gee, I sure hope that there's nothing toxic in those plants that could remain an impurity in a medical product.

The question is where will the excess tax revenue come from when that happens?

It will come from all those fast food eaters that are required to step on a scale. If they are over their weight limit, they have to pay extra for their food.
GlenL (Ohio)
Posts: 5,491
Posted:
I believe its NJ that is already debating adding a "sin tax" to fast food.

Studies show that 5 out of 4 people have problems with fractions
JudithC (Virginia)
Posts: 253
Posted:
" It will come from all those fast food eaters that are required to step on a scale. If they are over their weight limit, they have to pay extra for their food."

It can even be regular restaurants -- I was reading about the calorie count of Spaghetti at Marconi grill. It was shocking -- by expanding the range we can generate more cash and be "helping" others!

While we are at it, we should ban people from wearing perfume and aftershave lotions. I know my lungs react far more to that than second hand smoke. I definitely don't think a perfumy person should sit out on their patio next to mine.

Ban, or at least tax, soaps with perfume also.

Definitely SUVS should be taxed at a higher rate what with the amount they use energy.

We could definitely make this a better world if we just had a good brainstorming session on how to regulate other's behavior for fun and profit.

MicheleD (Kentucky)
Posts: 4,491
Posted:
" While we are at it, we should ban people from wearing perfume and aftershave lotions. I know my lungs react far more to that than second hand smoke. "

No they don't, but keep on saying that and believing that. It's a well-used, yet obsolete, slippery-slope wanna be argument.

The toxins in second-hand smoke trump perfume allergies any day of the week. Just because you don't get an immediate and physical reaction, doesn't mitigate the damage that exists in second-hand smoke compared to "odors" or "fumes" from perfume.

But, again, Nice Try.

I realize most people are just having some "fun" in this thread now, branching off onto the re-treads of responses/reactions to the much-delayed regulation of second-hand smoke. But the truth of the matter is that second-hand smoke, by it's very definition, affects people who have no control or choice whatsoever in whether they want to "share" the primary smoker's self-destructive habit.

Transfats (and calories) only affect the primary consumer. Automobile emissions and industry pollutants are already regulated (though one could argue, in some cases, not strongly enough), alcohol consumption is already strictly regulated, and the "perfume" argument is just plain silly (while some may have "allergic reactions" to perfumes, they're not toxins by any stretch, unless you ingest them and then shame on you).

Even so, I'm just amazed that a smoking ban in condos can and has been upheld.

It makes sense, however, given the interconnection of air ducts, etc.

I will also say this, it's not often that DJ1 and I click on the same wavelength. However, I am 100% behind this statement of his: " Just to be clear, I have no problem with a smoker killing themselves...just don't take me with em. [Smile] "

JudithC (Virginia)
Posts: 253
Posted:
I believe when I state MY reaction to perfume allergies vs. second hand smoke it is a little high handed to say it doesn't affect ME that way. I clearly know when I am having a sneezing fit, my eyes are running and I just cannot tolerate being around an odor, which no one else (except those who have seen it and are sensitive to others) can say I do not. As far as long term effect, given that the effect of smoking varies for individuals, I think it is a little bit difficult to say all people will be more affected by second hand smoke than the violent reactions some of us have to perfumes. You just can't tell, even when we die, which damage is done from air pollution, constant irritation from perfumes, or second hand smoke. You can try to limit the source of the irritation to your lungs from the various irritants.

I must also admit I find it a little offputting to say that one doesn't care whether a smoker will die, whether in jest or not.

No, I do not smoke, but I do believe in individual rights. I have also been a caregiver for someone who died from COPD caused by the after effects of a necorizing pneumonia, not emphysema. (Others get COPD from asthma, BTW, those minor perfume allergies, you know!) I guess the puritanical would have applauded his death, as "of course" all COPD is caused by smoking, and smokers "deserve to die". The doctors were probably lying all along and it really was due to second hand smoke, what do they know compared to the anti-smoking lobby?
MicheleD (Kentucky)
Posts: 4,491
Posted:
One word: Toxins.

DJ1 (Ontario)
Posts: 798
Posted:
JudithC, why is offputting to say, I don't care if a smoker dies? I don't, and that is not in jest. If someone knowingly decides to undertake an activity that is harmful to themselves why should I care if they die from it. They knew the risks and still undertook it. IF someone knowingly decides to undertake an activity that is harmful to OTHERS then we should care.

Do I care if someone dies because they didn't wear a seatbelt when they know seatbelts save lives? Nope.

Do I care if someone dies of heart disease because they knowingly ate unhealthy? Nope.

Do I care if someone dies speeding? Nope.

No sympathy, nuthin'!

Maybe it is too bad that smoking can kill a person, and that people still choose to do it...and I don't fall for the claim they are addicted. You want to live, quit!
CharlesW1 (Georgia)
Posts: 826
Posted:
Quote:
Posted By DJ1 on 05/07/2008 9:03 AM
JudithC, why is offputting to say, I don't care if a smoker dies? I don't, and that is not in jest. If someone knowingly decides to undertake an activity that is harmful to themselves why should I care if they die from it. They knew the risks and still undertook it. IF someone knowingly decides to undertake an activity that is harmful to OTHERS then we should care.

Do I care if someone dies because they didn't wear a seatbelt when they know seatbelts save lives? Nope.

Do I care if someone dies of heart disease because they knowingly ate unhealthy? Nope.

Do I care if someone dies speeding? Nope.

No sympathy, nuthin'!

Maybe it is too bad that smoking can kill a person, and that people still choose to do it...and I don't fall for the claim they are addicted. You want to live, quit!

I second that, post entirely!

Chuck W.

Charles E. Wafer Jr.

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