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by 003
on Fri Jul 24, 2009 2:36 pm |
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mcmgcm wrote: No, our landkord lives offsite, she said she didn't mind if we smoked as long as it was outside.
She is OK with it as long as we smoke out on the balcony. This new person, MS. ************** just moved in to the complex upstairs from us. She is the one who is causing us problems. We spoke with the homeowners association and they said as long as the homeowner (our landlord) didn't have a problem with us smoking everything would be allright.
The problem is we received this letter from the Elder Advocacy and they stated that we should stop smoking or they would advise our new neighbor to seek legal means for us to stop?!
Crazy , I know.
Only in the US can you be free but not free.
And yeah, BBQ, have candles and incense going as much as possible  |
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003
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by garhkal
on Fri Jul 24, 2009 5:44 pm |
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runamok wrote:
By the way, and not that it will make any difference, it's impossible to be allergic to tobacco smoke. In this day and age though, any dislike of any odor is considered by many to be an allergic reaction and it is very trendy to be "allergic" to tobacco smoke.
The smell of dogshit can make me gag and even puke if I have to clean it up, but that does not constitute an allergic reaction.
Very true. First thing i would do in that situation, is to write back to the law firm stating
A) that the landlord of the condos have already given express permission to smoke out on the balcony, and his rights as the owner of the establishment, superceeds her rights.
B) you need verifiable PROOF of her alergy before you will take any further action.
Heck i might even go so far as to contact the landlord and ask him to MOVE HER, since you are longer term residents.
Quote: BTW:
I am in the medical field and I know that people can claim to be "allergic" to cigarette smoke- it is a catch all phrase that non smokers use so that they can rage their "war" against smokers.....ARRRGHH
They can claim all they want. Here in gulfport, we had one housing association near Biloxi try that, and three residents shot it down by asking for proof of alergies to smoking from those who complained. SINCE none could, the judge tossed their claims out... Well according to what i heard when i got here. |
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garhkal
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by Cantiloper
on Fri Jul 24, 2009 8:26 pm |
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{I hope this doesn't post twice... my first effort seemed to disappear...}
I spent a whole chapter in Brains talking about "The Truly Affected." For the most part such claims are purely psychgenic in nature. The chemical structure of allergens evidently doesn't survive the burning process in cigarettes very well.
Unfortunately you've got a triple whammy against you. The nuisance law was specifically designed to get around any need to prove harm since the Antsmokers knew that their harm claims were too bogus to stand up in court. The "protected class" thing is the second whammy: I don't know whether the lawyer was telling the truth, but I *do* know that antismokers have often inserted the protected primacy status of nonsmokers into laws while at the same time making sure that disability laws that excuse people with drug or alcohol problems specifically exclude smokers from their protection. And the third whammy is that you're in a condo, even though with a sympathetic manager. The neighbor can wave frivolous lawsuit threats against the condo manager/association and they might cave rather than risk expense.
If you're on good enough terms with the condo manager ask how he/she would feel if you invested in a decent air cleaner and simply smoked inside. If the neighbor still complained then it would be up to her to prove that you'd been doing so (plus she'd probably have to first go through the whole initial complaint process again since her previous complaint dealt with the balcony smoking.) I believe it would be completely impossble for her to prove you were smoking unless she started climbing up on your balcony to sneak pics of you through the curtains... heh... which would then leave her on rather tender legal ground! :>
If you *do* opt for the air cleaner option I'd suggest researching to make sure you get one decent enough that any smoke smell in your unit would disappear within a few minutes of smoking cessation.
And/Or you could develop a taste for KimChee (?) a rather scrumptious Korean dish that I understand does not get along well with most Western sensibilities (although this might give you problems with innocent neighbors!)
I've also passed the link for this page on to a lawyer here in PA who has been trying to help someone in a senior home who is being threatened with eviction over smoking.
Michael J. McFadden
Author of "Dissecting Antismokers' Brains"
P.S. for some general background on the mindset you're facing you might also want to read the thread in this forum titled "A Lie We Can't Ignore..." |
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Cantiloper
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by Cantiloper
on Fri Jul 24, 2009 8:28 pm |
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Cantiloper
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Location: Philadelphia
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by Smoker Sympathizer
on Sat Jul 25, 2009 2:32 am |
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| Sorry, I have nothing of real value to add to this thread. I just wanted to express my condolences that you are yet another victim in this insane war on smoking. And I also wanted add a sense of bewilderment that this sort of obnoxious narcicism on the part of your neighbor is not only tolerated but encouraged. In my opinion, the law should serve one purpose and one purpose only: to create the basic structure that allows freedom to flourish. If I use it to bully others into giving me my own way, that is unconscionable and weakens freedom everywhere. I blame the lawyers. They have a lot to answer for. |
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Smoker Sympathizer
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by jsidney
on Sat Jul 25, 2009 3:16 pm |
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003 made the unobtrusive comment; "If there is really nothing you can do about it, I will let my inner immaturity shine through. Liquid Ass. Amazing stuff."
I explored the Liquid Ass website at www.liquidass.com and www.liquidass.com/store
OhMyGawd! My DREAM product! The ultimate smoker's revenge! And cheap. And physically harmless.
Join the Smokers' Guerilla Movement. Go to the Liquid Ass website and let your imagination run riot.
Potential creative applications:
A swift squirt on your neighbor's doorknob
No-Smoking signs
Anti-smoker's automobile air intake vents (they're on the hood, just in front of the windshield)
Those people who flap their hands at your secondhand smoke (do it as they walk away)
Above all, be secretive and don't brag. This is better than the 1970's flower children who stuffed posies into state militia's gun barrels. Yeah, MJM, I'm a nasty old woman, but they would have hated me anyhow, so I might as well be nasty right back.
It IS better to die on your feet than to live on your knees. |
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jsidney
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by mcmgcm
on Sun Jul 26, 2009 1:18 am |
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Yep, I went out and bought the smelliest incense I could find- We can't BBQ per HOA rules because of fire hazard.
Just found out today that she is just renting her condo from an owner. She also has made complaints about other residents dogs barking. I have a feeling she might not be in this complex for long.
Like you guys said- we have been here for over 5 years and have contacted the HOA- the HOA says we can smoke on our balcony as well. So I guess it's surviver time.
Thanks for the advice and for hearing me out- This whole situation sucks , but it's nice to know that others can relate.
Maria, |
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mcmgcm
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by garhkal
on Sun Jul 26, 2009 1:51 am |
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Sounds like she is just a major complainer... and tries to bully her way around.
Keep us informed. |
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garhkal
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by gilster
on Sun Jul 26, 2009 6:12 am |
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mcmgcm wrote:
Just found out today that she is just renting her condo from an owner. She also has made complaints about other residents dogs barking. I have a feeling she might not be in this complex for long.
Time to BOND with the residents that have complaints against them because of their barking dogs - there's strength in numbers.
Smoking and dog barking complaints go hand in hand....a dog owner that hates smoking will realize that your 'pursuit of happiness' is the same as theirs.
Also, I would take this opportunity to dog-sit the offending mutts in your home at every opportunity  Play with them on the balcony - teach them how to "Speak"
This tenant sounds like a professional whiner, she knows the channels in which to officially complain. She is a landlords nightmare, the sooner the landlord can get her out, the better for that landlord and the better for the neighbors.
This is also a great opportunity to have a party at your house with the others who have been called out by her---call it a "Whine and Cheese" get together! |
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gilster
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by garhkal
on Sun Jul 26, 2009 5:30 pm |
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| Heck, she sounds like a professional suer... that spends her time getting into situations where she WILL get offended/irritated by what ever those around her does, so she can sue. |
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garhkal
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