As sympathetic as I am about policy to reduce smoking, as long as it's legal, I see no way a homeowners association ought to try this:
A homeowners association of an affordable-housing complex is considering banning cigarette smoking in its 92 privately owned condominiums.Some residents have argued that a ban would set a dangerous precedent for infringing on civil liberties and possibly violating the constitutional right to privacy.
Fred Peirce, attorney for the homeowners association's board, has been preparing a legal argument that could support a ban. Board President Ed Cross told residents in a letter this week that legal precedent has stated that smoking is not a constitutionally protected right.
Aspen Fire Marshal Ed Van Walraven recommended that the housing complex ban smoking after a fire caused by a smoldering cigarette in June destroyed 10 apartments in another affordable-housing complex.
The proposed ban could be brought to a vote of homeowners at a December meeting.
HOAs bug the juice out of me. We've written a few stories about HOA villainy, and I don't think we've half begun to tap that vein. You want a fable about the slow death of American democracy, there it is.
But HOAs take volunteers, and unfortunately it seems like a lot of people volunteer because they have a personal agenda to push, and even more unfortunately these agendas seem to be things that are restrictions or requirements on other peoples' properties. If you buy a property with pre-existing and well-stated restrictions and requirements, that is one thing. The idea that you can foist new ones on homeowners without tearing apart the "neighbor" part of neighborhood is ridiculous - and HOA officers forget that all the time.
Does the HOA have anti-smoking enforcement officers who bust into someone's home based on a neighbor's complaint?
What if said neighbor just did not get along with the accused for some other reason?
What if no evidence of smoking is found after such an intrusion? Does the falsely accused have any recourse?
Can an HOA evict someone from a home they own based on something like this?
I see a whole lot wrong with this and nothing good about it.