HOA Rule Forbids Couple To Smoke In Their Own Home

One thing. This was a rule change. In other words...just added. If they bought their 'condo' before the change, they can effectively argue that the change should only apply to people buying into the condo after the rule change. Pre and post-facto should apply here. Either that, or they can sell short, driving the property value down, and move to a real house, where they have a real lawn, and the neighbors are a good distance away...Densley packed suburban areas are not the way mankind should be living. I'm in an apratment, and I hate it. Just a couple more years, though...then the child support payments are over, and I can get a real place. One where the nearest neighbors are at least 2 hectares away. :grinyes:
 
rrfield said:
theres a rumor that my neighborhood has a HOA, but i have yet to see any sanctions for standard HOA violations, garbage cans in yard, barking dogs at 1am, etc.
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IF there is an HOA there should be a set of covenents/agreement that you signed basicaly signing away your property rights. As far as I know unless you signed you are not required to follow the covenents...
 
Buying into a neighborhood that has an HOA & purchasing there implys acceptance of said agreement. There's usually a section devoted to sayintg you're fucked by buying this house.
 
Gonz said:
Buying into a neighborhood that has an HOA & purchasing there implys acceptance of said agreement. There's usually a section devoted to sayintg you're fucked by buying this house.
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Along with saying your hosed by the HOA because you may be making the mortgage but they own your ass....
 
Gonz said:
Buying into a neighborhood that has an HOA & purchasing there implys acceptance of said agreement. There's usually a section devoted to sayintg you're fucked by buying this house.
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That's the deal here. Like I said though, there are no signs of an active HOA. No meetings, no fliers directing behaviors, no dues collected.
 
Gato_Solo said:
One thing. This was a rule change. In other words...just added. If they bought their 'condo' before the change, they can effectively argue that the change should only apply to people buying into the condo after the rule change. Pre and post-facto should apply here. Either that, or they can sell short, driving the property value down, and move to a real house, where they have a real lawn, and the neighbors are a good distance away...Densley packed suburban areas are not the way mankind should be living. I'm in an apratment, and I hate it. Just a couple more years, though...then the child support payments are over, and I can get a real place. One where the nearest neighbors are at least 2 hectares away. :grinyes:
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Well, is there a clause in the paperwork that allows the HOA to make such changes to the rules? It's possible it might be in there and in that case, the homeowners are screwed, blued and tattooed. If not, then legally, they would have to be grandfathered in because they're living by the rules they signed to.
 
Gato_Solo said:
One thing. This was a rule change. In other words...just added. If they bought their 'condo' before the change, they can effectively argue that the change should only apply to people buying into the condo after the rule change. Pre and post-facto should apply here.


................

One where the nearest neighbors are at least 2 hectares away. :grinyes:
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That was my first thought - they bought as smokers with rights to smoke in their own home.

I do not really understand 'HOA' (is some kind of Housing association right?) so can't really say anything with any authority ( ... :bgpimp: .. heh! whadda mean 'what's new'? ;) ) ...- heh, you'll notice it doesn't stop me posting tho' huh? :bgpimp:

-anyway ...

here's a thought - i agree with both Spike & SNP!

Spike raised a good point ... in response to Prof's 'a careless smoker's butt etc could cause a fire' etc -

Spike:
To be really safe they should also ban BBQs, Handguns, surge protectors, gas ranges, George Foreman grills, flammable substances, prescription drugs, alcohol, lightbulbs, portable heaters, toothpicks, lawn darts, handguns, and thumbtacks.
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It's essentially a nanny state, an attack on our freedoms, an increasing insidious incrementally idiotic raft of ever increasing laws and beuarocarcy (ah sod trying to spell!) ...

Spike's point was fair: if we do one technically we should ban every fucking thing - no one is saying we will or should ..but the point is .. it's this today ...that tommorow ..where does it all end?

This 'incrementalism' that Unc warns of is a very real thing ... in all manner of our freedoms in all manner of every part of our lives ...

In the same way that our kids can no longer be as free to go play out in the streets or the woods for fear, so many of our little honest everyday freedoms gradually get regulated. :grumpy:

Which brings me to agreeing with SNP - you gotta respect and stand up for your freedoms, you should have the right within some basic limits to do as you please on or in your own property, and that largely you respect your neighbours rights to this too.

Of course this is totally different when viewed from the position of a highly densley populated urban area that is run down poverty-stricken or with many scumbag type neighbours ...


you also got have some recourse to deal with scumbags.


But the right to smoke in your OWN property that you are buying??

Fuck that shit! :anarchy:

So i go back to what gato said ..this should be 'Pre and post-facto' - legally it may depend on their HOA or HOOEY agreement terms ... but i am sure they have a right enshrined somewhere, that they could win this case with.

(course, being now three weeks into giving up smoking again ... i naturally want to shoot all smokers on sight just now :bgpimp: )
 
The saddest part is folks are giving away their rights, without a fight. The HOA keeps away the bad people so let's use it. Yes, it means I have no personal property rights but hey, the bad people aren't gonna move in next door & put their RV in the driveway & clutter their yard with flagpoles & purples Um-ber-ellas with a 5th in hand. This is but a fraction of the volunrary erosion of civil liberties habded over, commrade.
 
That's not really a homeowners' association. It's more a homeowners' dictator. Notice how the head of the association fired all five members of the committee because they wouldn't require her to take the wreath down like he wanted?
 
Ah yes, one of those folks. A little (perceived) power goes straight to the head. The mission becomes to make as many people quake with fear as possible in the name of weilding said power, perceived or otherwise. 'Tis why God invented clipboards.

He'll get his soon enough. As in soon as his tenure is over and another Joe Suburban steps in. I'd make it my mission to piss the guy off were it me. It won't be; I'd never buy so much as an ice cream in a place that had one of these "organizations". But that's me.
Charlie Daniels said:
I ain't askin' nobody fer nuthin' if I can't git it on my own.
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SouthernN'Proud said:
Ah yes, one of those folks. A little (perceived) power goes straight to the head. The mission becomes to make as many people quake with fear as possible in the name of weilding said power, perceived or otherwise. 'Tis why God invented clipboards.

He'll get his soon enough. As in soon as his tenure is over and another Joe Suburban steps in. I'd make it my mission to piss the guy off were it me. It won't be; I'd never buy so much as an ice cream in a place that had one of these "organizations". But that's me.
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Pricks like that give us folk with real Napoleon complexes a bad name.
 
So, I can go back to smoking like a chimney & drinking like a fish & blame my great great grandfolks for making me do it? Then I could call it a disease & have the government subsidise my choic...err, genetic anonmolies? Great. Pass the Havana.
 
Gonz said:
So, I can go back to smoking like a chimney & drinking like a fish & blame my great great grandfolks for making me do it? Then I could call it a disease & have the government subsidise my choic...err, genetic anonmolies? Great. Pass the Havana.
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:grinyes: It is no longer a choice. I'm waiting for a diatribe from others before the trap is actually sprung, though...:devious:
 
I don't think it's so much genetic as it is influenced by parents.

For example, my buddy, who is about 18 months my junior, his mother smoked heavily, quitting only when she was pregnant with him, in her late 30s. He was planning on quitting smoking in Chile on his exchange student program (haven't seen him since July, don't know whether he did or not) but he started smoking not long after turning 14, and became somewhat of a regular smoker. Not really like two-packs-a-day heavy, but he was definetly hooked on them, and he smoked them more than occasionally.

My parents were never smokers (well, at least not tobacco smokers) and I'm not either. I mean, I've tried on occasion, but it never did it for me.
 
tonksy said:
But when you want to sell your property and you can't because the guy next door has 3 cars on blocks and a goat chewing on his overgrown lawn while his wife hangs his holey underpants up to dry on the front porch you might wish you had one.
I'm not a huge fan of our HOA convenance but there is a valid purpose for it...and a way around most of the annoying rules.
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My neighbors borrow my goats for that exact purpose. Saves them from having to clear brush or run their bush hogs. I think they would be pissed if I got rid of the goats :lloyd:
 
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