HOA bans smoking on condo balconies

Discussion in 'Real Estate' started by Little Fish, Sep 15, 2010.

  1. AndrewG

    AndrewG Beach Fanatic

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    Some folks have been dying to tell you what you can and can't do for a long time. Have fun with that.
     
  2. Beach Runner

    Beach Runner beats on hood

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    Miss K, you're pucked if your HOA adopts this policy. You can always walk outside and sit on a bench where the dog episode happened.:eek:
     
  3. John R

    John R needs to get out more

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    Whichever way the chips fall with your HOA, there's nothing more pleasant than being outdoors and having someone's cigarette smoke blow in ones face or waft up from downstairs. The question most likely end up as; is the balcony considered part of the unit, or the common area?
     
  4. Geo

    Geo Beach Fanatic

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    I believe people should be able to do what they please on their property. But I know what it is like for myself and my kids to be affected by someone else's smoking.

    Took my son fishing last week. A big charter out of Destin. There was an older gentleman who would smoke a cigarette about every half hour. We were all outside on the boat with the ocean spray and breeze. But yet it was still horrible. I couldn't help but think- wow, if this person only knew how much of a negative impact this was having on our experience I wonder if he would still smoke on the boat?
     
  5. Geo

    Geo Beach Fanatic

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    Smokers are being more and more ostricized-
    relative to previous decades...

    But if you remove the memory of times when one could smoke on planes or at the office and view the act as if you were an alien visiting,,,

    It would seem strange for it to be okay that someone can set a plant on fire that was dipped in chemicals and let the smoke waft about for others to smell or inhale.
     
  6. 30ashopper

    30ashopper SoWal Insider

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    It all comes down to who owns the balcony. If the balconies are limited common areas, condo owners have to abide by the rules the association sets, as long as the hoa is within it's mandate. If on the other hand the owners own the balconies, it's a different situation.

    We should be applying the same common sense approach to a lot of things, like weed, meth, coke, gambling, sex, etc.. If it's an individual decision, occurs on private property, and doesn't unwillingly effect someone else, it shouldn't be restricted by governing bodies.
     
  7. LuciferSam

    LuciferSam Banned

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    I think after having sex on the balcony a person should be able to light one up.
     
  8. Little Fish

    Little Fish Beach Lover

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    I've had an opportunity to speak to an attorney regarding this issue and will update all when the issue is resolved.

    Stay tuned.

    Little Fish
     
  9. Lady D

    Lady D SoWal Insider

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    :lol:
     
  10. Michelle123

    Michelle123 Beach Comber

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    I know this thread is really old, but was this ever resolved? The same thing is happening to my parents at their condo right now. My dad is 76 and smokes his pipe out on his balcony twice a day, and has for the 28 years they've lived there. They live on the top floor, so no smoke bothering people above them, and have made sure the neighbors on each side don't mind (the top floor is only for long-term residents). Now the HOA is saying that as of January, no more smoking on the balcony. Does anybody know if he has any recourse, or have any suggestions? This is one of his big pleasures in life, and involves the trifecta of the pipe, the gulf, and his private balcony (and sometimes a glass of wine :)) Thanks for any help or ideas.
     
  11. 30A Skunkape

    30A Skunkape Mr. Small Box

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    If it as subtle as you say it is, he should have no problem continuing his habit.
     
  12. Michelle123

    Michelle123 Beach Comber

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    Thanks for replying. That was my hope, just didn't know if there was a way he could do it 'legally'.
     
  13. blindrid

    blindrid Beach Comber

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    As a ex-smoker that still enjoys the smell of a cigarette and cigar, the rudeness of people like Koa still amazes me. It’s his condo and a few moments that is used to smoke is minimal. People, in general, need to lighten up. What happens when reefer becomes legal?
     

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