Smoking ban in private residences

chanel

Silver Member
Jun 8, 2009
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People's Republic of NJ
Many New York City smokers may feel like the only place they can legally light up these days is at home--or at least, it used to be.

From the Wall Street Journal:

At least half a dozen Manhattan co-ops are expected to ask shareholders during annual meetings this spring to vote on an all-out smoking ban that would prohibit residents from lighting up in their own homes, real estate attorneys say.

Another dozen co-op or condo buildings are considering such a vote.

The Journal notes that, in New York, it's already illegal to smoke in public areas at any building with more than nine apartments

Last month, the City Council voted to ban smoking in parks, beaches and other public spaces like Times Square..

Condos, Co-Ops To Vote On Smoking Bans

Good idea?
 
What a person does in the privacy of their own home is no one's business. Period.

Where do we draw the line as to how far the fucking government can go?
 
i have been on both sides of this issue.....

if one does not like hoa or condominium restrictions DO NOT BUY THERE simple as that...

someone is gonna make a killing opening some type of smoking lounge
 
condo and coop boards are private entities. if the majority of shareholders vote to make a building non-smoking, that's their business.

There will never be a day where I let a condo cabal or a neighborhood nazi association tell me what to do on my own property.

If i want to hang naked from my chandelier while smoking and eating trans fats and drinking Four Loko that's my business and no one else's
 
i agree with you skull but some people love these restrictions....there already exists rules that control what you do inside the walls of your apartment or condo etc...i.e. quiet hours...

the non smoking ban will be based on some bottom line factors...lawsuits over 2nd hand smoke and how they are being handled....

like rats in a cage they are
 
Many New York City smokers may feel like the only place they can legally light up these days is at home--or at least, it used to be.

From the Wall Street Journal:

At least half a dozen Manhattan co-ops are expected to ask shareholders during annual meetings this spring to vote on an all-out smoking ban that would prohibit residents from lighting up in their own homes, real estate attorneys say.

Another dozen co-op or condo buildings are considering such a vote.

The Journal notes that, in New York, it's already illegal to smoke in public areas at any building with more than nine apartments

Last month, the City Council voted to ban smoking in parks, beaches and other public spaces like Times Square..

Condos, Co-Ops To Vote On Smoking Bans

Good idea?

Good idea for future purchasers of properties in those communities.

But not a fair to impose that ban on people who already own their properties, I think.
 
Well I doubt if whether a neighbor smokes or not will greatly influence someone's decision to buy a million dollar Manhattan condo or not.

Where will the potheads go?
 
Ha ha. They'll legalize MJ, but unfortunately there will be no place left in NY to smoke it. I guess people will be forced to eat it. Unless the recipe includes trans fats and salt. Then I guess they'll have to snort it or shove it up their ass or something. Lol
 
Because of the secondary smoke effects what a smoker does affects other people. In your own house, if both adults are smokers, then there should be no problem. However if there are kids in there I see a problem. This is why I support public prohibition on smoking. In the house ... presents a very hard dilemma. Is subjecting your kids to secondary smoke child abuse? It is causing them physical damage to their lungs and such.

I believe a person should be able to do what they want on their property without fear of the government or nosy neighbors as long as what they do does not hurt other people. If they want to kill themselves, go ahead, but don't take other people down that road.

Of course condos and rental properties have all kinds of rules, no pets and stuff like that, so go ahead and make them smoke free. People have the right and freedom to move somewhere else that will allow smoking so it is not an undue burden.
 
They'll have to grandfather in all current owners, but going forward, they can set whatever rules they choose.

It is probably the norm of the future, and not the exception, and I wouldn't be surprised at all to see it applied in single family residential neighborhoods as well, and not just condos and townhouses.
 
I believe a Co-op has the legal right to make that call, same as a hotel. I also think it would be practically unenforceable, same as a hotel.

On a personal note, I'm not allowed to smoke indoors at my current rented house... I like it. I'll probably be an outdoor only smoker from here on out.

That is, until I'm a non-smoker which I think will happen reeeaaaalll soon... nyuk nyuk nyuk...
 
I believe a Co-op has the legal right to make that call, same as a hotel. I also think it would be practically unenforceable, same as a hotel.

On a personal note, I'm not allowed to smoke indoors at my current rented house... I like it. I'll probably be an outdoor only smoker from here on out.

That is, until I'm a non-smoker which I think will happen reeeaaaalll soon... nyuk nyuk nyuk...

I can see a VERY strong argument for it not being indicated in the sales contract. I own a condo that voted to abandon the condominium structure 5 years ago. My sales contract invalidated that claim, even though they out-voted me 8-1. The fact that I was the first purchaser of any unit (actually bought mine before it was even completed) seems to be a big deal, at least the Judge thought so.

Once I sell my condo, they can do whatever they want, but until I do, they're paying for my maintenance, keeping my grass cut, and hauling my trash. That's what I bought, and that's what I'm going to enjoy.

Its on a beautiful lake in Alabama, with a huge deep-water view on 3 sides, golf course on the 4th, gated community. And happily for the condo association, it is for sale. If it doesn't sell by Memorial Day, I plan on sinking some money into it and moving my mother in. The condo association has now been talking to my agent about purchasing it themselves. I told them they have until Memorial Day to pay asking price, plus all associated costs. The day after, it goes up $100K or more, depending on what kind of appliances and flooring Mom wants :)
 
We used to live in a townhouse that had a really strict HOA. They dictated what color you could paint your house (or not), what color curtains you were allowed to put up, color of Christmas lights, type of screen door, etc. I hated living there because of it and would never live in a place with that restrictive type of HOA again, including if they decided whether smoking in my own house was permittted. It's a private HOA so they can do what they want with regards to this . . .but the whole 'banning smoking from everywhere on the planet' movement is fucking ridiculous.
 
We used to live in a townhouse that had a really strict HOA. They dictated what color you could paint your house (or not), what color curtains you were allowed to put up, color of Christmas lights, type of screen door, etc. I hated living there because of it and would never live in a place with that restrictive type of HOA again, including if they decided whether smoking in my own house was permittted. It's a private HOA so they can do what they want with regards to this . . .but the whole 'banning smoking from everywhere on the planet' movement is fucking ridiculous.

I don't appreciate the anti-smoker sentiment either. You don't smoke - Good on you, nobody can make you, and nobody can force you to give patronage to a business that allows smoking. But the anti-smoking zealots? Get bent. Taxes are ridiculous too. Uh-oh, we're facing a little short-fall here... Make the smokers pay for it... That's always politically expedient and popular.

Just like a lot of ridiculous traffic laws... "What you're doing is DANGEROUS!... Buuuut... If you just pay us a little money it'll be O.K." :ahole-1:
 

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