What do you think of a Home Owner's Association that can tell you what to do inside your home?

Question

I am a home owner. I do not smoke - never have but something here doesn't seem right
.
My question refers to a Home Owner's Assignation in Colorado that told condo owners they can not smoke in their own home. The home owners went to court and lost.

These people their bought their condo, signed the lease - then the association changed the smoking rules. If the new rules had been in place at least the owners could of had the option not to move there.
How much power do you believe an association should have over what you do inside your home?
A number of people complain about Big Brother and the government overstepping privacy - is this better?

Answer 1

First, I am going to have to research this about Colorado...to answer your question from my views, no, it is wrong to tell anyone what they can or can't do in their own homes! I bought a half of duplex and we do have homes assoc. but I will never be told what to do in my own house...I am also a taxpayer! The witch hunt on this Smoking Ban has gotten out of hand! Citizens are going to have to stand up and be counted...whether you smoke or not, it is not the real issue..it is the gov't and their under-classmen who have decided to start and approve some of these absolutely wrong laws. What's next? How many kids you are allowed to have? How much you can drive your car? We are allowing all the commercials on TV which endorse all the "call your doctor for a RX" and all of the medical ones that are trying to get people hooked on prescription drugs! I hope everyone wakes up and sees what it is doing to our country. We have gotten away from the greatness that this country was built on...Back to the question...I don't see how they can ban owners from smoking in their own condo...I quess they would be buying mine back for a hefty price...I can't believe that this was ruled admissable in the court system. Isn't Colorado, the same state that is banning smoking but also trying to legalize pot? Go figure...wierd...I'll be anxious to hear all the answers. Great question!

Answer 2

Most likely the HOA won the case was based on the second hand smoking that effect all the tenets in the condo building, smokers and non smokers alike. It may sound to many as unfair and biased ruling, but if the attorneys for the HOA used the healthy issue card was very possibly how they won.
In addition due to the increased risk of fire and the known health effects from secondhand smoke exposure, more and more building are starting to prohibit smoking in the properties, and those under the supervisions.

Who says the court system is always right! has lied. The court is not always right, it depends on how good was the attorney, who can do a better job, are usually the winner. Go figure!!!

Answer 3

Obviously the lease allowed for the Association to make such changes. This is neither Big Brother or the government. This is also why I would not choose to buy a home which was in any way regulated by a Home Owner's Association. Too often such organizations act in an arbitrary and even capricious manner.

Answer 4

My wife and I are not yet homeowners, but our experience with HOA's through family and friends have not all been good.

I agree with you- there is definitely a grey area as to whether an HOA should have any say when it's in regard to your own property.

I believe that in some cases (not all of course) the HOA for a specific area has grown very distant from it's original purpose. Unfortunately, it is very difficult to go up against an established organization even if many would agree with your perspective.

I live in San Diego, and some of the HOA monthly fees here can be more than $350 per month. That seems more than a little steep to me. Would you agree? (Especially when it appears that it is difficult to have a say when you may disagree with them on something).

It seems to me that owning your own property gives you certain rights as long as you don't interfere with and offend those living in close proximity. Unfortunately, some people abuse their priveledge and I guess 20 years later an expensive HOA that can be a burden is part of the result.

Bobby

Answer 5

I'm not a smoker, and this provision goes too far in my opinion. I suspect the homeowner's association is looking at the future market value of the home, but I think there should be a limit on what these associations can do. I am hearing more stories lately about challenges to the constitutionality of these associations, and it wouldn't surprise me to see their powers curtailed in the next decade or so. Personally, I would not purchase any home in an area where a homeowners association or any other sort of covenant placed restrictions on me. Local building codes should be sufficent; I have no desire to be dictated to by a bunch of yuppies who can't stand individuality.

Answer 6

Home owner associations ARE a government, as far as how the laws treat them.
And it's a good example of why we have too much government; these people running the homeowners assoc.'s get "little ceasar" syndrome and start acting like neighborhood Stalin's.

It's outrageous

Answer 7

I think it's illegal and the court was wronmg. I think the home owners should go though the court systems and remove the home owners Association form their lives.
This reminds me of the other home owner case in California ;

A man and his wife retired and brought a house in what they thought was a protected situation for thjem as they aged.
They spent over 300,000 I think on ther dream home deminishing their savings acount to the point they only has secial security.
He died and the home owneres associaltion with their lawyers took her 300,000 home over a fee of 300 dollars late by 30 days. The court sided with them also. It was late rruled illegal but the court allowed them to throw her out and keep/sell her home. Not one Lawyer gave her decent hlep. Not one politician. Not one member of the place raised a hand to help her as I understand it. They wanted her out as they felt she was too poor for them now that her husband was dead and most of her income left with him.
I can only hope every one of them come to the same conclusion eventyually which is doubtful;.

Answer 8

Wow. We have a town in California that is trying to limit smoking within city limits to strictly within the confines of single family detached homes.

I'm not sure what else can be done since you have already gone to court, however I believe that this situation calls for the hiring of an attourney and a new court case.

Answer 9

I think the "ASSociation" in any comunity sucks. Status quo or need to be in control or some other mind disease drives them all. I would never live anywhere that has a group of people laying out the ground rules for what I can or can't do on my own property.

Answer 10

When you buy into a property with a home owners' association this is the chance you take.