| |
|
|
Share/Bookmark this Topic:
|
| Message |
Author |
by dreamer
on Wed Apr 18, 2007 11:39 am |
|
hI...
Joined in today. I wish someone tell me if I am right or not, and let me
know what to do for my right for smoking. (I don't want to be an outsider
to fight against non-smokers HOA as they are my neightbors. But....)
I live in a Condo in LA, CA. I found HOA (Home owners association)'s
post saying:
SMOKING: "ODOR NUISANCE" applies to second hand smoke in
the common areas and in the Homeowner's place. Rules and
Regulations will be applied to smoking.
----------------
I believe that's not right and so sent e-mail to President, HOA as:
1. ODOR NUISANCE
I know SECOND HAND SMOKE is protected by law, however I never heard 'odor Nuisance' is applied to .... I never heard any law or saying about smoker's odor nuisance.
2. COMMON AREAS
For instance, last year, some lawmakers trying to legislate ban smoking at the opened garage. It, however, rejected and unable to ban smoking at the garage which is common area.
3. HOMEOWNER'S PLACE
I heard LA city tried to ban smoking inside the apartment which supported by government for Low-income family. I didn't hear any further about it (probably not passed). Well, my wife could yell at me if I smoke inside my place and I have to listen to her for the peace. If someone else... , I don't know!
Everyone knows 'Smoking is bad' ..., and banning enforced by law, and so I agree ur trial.
U can force others in the boundary of Law, however going forward to law.... Well, HOA is not the legislator.
-----------
Please advise me whether I am wrong or not. And also if anyone knows
about the law related, please email me at:
howjoannechong@yahoo.com
I like to show ur answer to HOA members to stop their attempt to ban
smoking in common area and inside building. Tks |
|
|
dreamer
Newbie
Joined: Apr 17, 2007
Posts: 2
|
| |
Back to top |
|
|
| |
|
by BWilliams
on Wed Apr 18, 2007 1:24 pm |
|
Unfortunately, these laws now vary from city to city, especially in CA. There are some towns in CA where smoking is not allowed anywhere.
You would have to obtain a copy of your local law, but I am pretty sure there is no law anywhere which says you can't smoke in your own Condo. If you are renting, you may be subject to a ban law, and the common areas also, but if you own the condo you can smoke in it. |
|
|
BWilliams
Site Owner
Joined: Jun 05, 2003
Posts: 1071
Location: New York City
|
| |
Back to top |
| |
|
by dreamer
on Wed Apr 18, 2007 3:54 pm |
|
Tks for ur answer.
Addition to that, I wish to know if HOA could make a rule (subject to
fine) for ban smoking in the common area like Garage or balcony (my
property) - where law not prohibited yet(?).
If they decided to fine smokers, what re-action I can do? Far from I smoke or not (I smoked 40 yrs), I don't want to be ruled!
U know - whenever I think about smoke (or quitting), that made me
have another smoke!!!!!!!!!!!!!! |
|
|
dreamer
Newbie
Joined: Apr 17, 2007
Posts: 2
|
| |
Back to top |
| |
|
by gilster
on Wed Apr 18, 2007 4:10 pm |
|
There's stories out there where homeowners are being banned from their property.
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5149921,00.html
If you have the means, I would suggest moving to a single detached home.
That could buy you a few years in California - well, except in Belmont.
And stay out of a house with a neighborhood HOA - they are getting Anti too over the past few years. If they can get away with what types of flags you can have in your yard- they will most certainly go after smokers.
Welcome to this message board.
Read up, it's an eye-opener
This is not just about Smoking
Fight the antis - all of them - they are all alike. |
|
|
gilster
Smokers Rights Activist
Joined: Apr 19, 2006
Posts: 776
|
| |
Back to top |
| |
All times are GMT - 5 Hours
|
|
