Re: HOA ultimate power trip bans smoking inside one's home

BTR1701 <atropos@mac.com> wrote:

On Feb 1, 2025 at 9:20:28 AM PST, ""Adam H. Kerman"" <ahk@chinet.com>
wrote:
 

Castle doctrine be damned: HOAs will attempt to regulate personal
conduct under any and all circumstances, even within the confines of
one's own home.
 
Here's the Steve Lehto video.
 
https://www.youtube.com/watch?v=F3NbQQFrOTU
 
I am so ready to support death penalty as a judgment against HOAs in
civil suits.

 
If this is not a situation where the home is sharing common walls and
air ducts with other units, then I can't imagine how a court could
uphold this.
 
What would be the HOA's justification for it? It can't be to protect
other residents since smoking in your standalone home does not affect
anyone else. If it's some busybody who's justifying it by claiming,
"We're just concerned about your health" (because that's the only other
conceivable reason for such a ban), then how far would this power
extend?
 
Could the HOA ban consumption of meat in your home and force all
residents to become vegan for their health? Could they regulate how
often you and your spouse have sex? Either limiting the number of your
sexual encounters or, if you're not doing it enough in their opinion,
force you to have sex a minimum number of times per week? Can they
force you to exercise a minimum number of hours per week? Can they
limit your screen time on TVs, phones, and tablets for your own good?
 
If not, why can't they do any of that but they can ban you from
smoking?
 
And how can they enforce this ban? Peek in your windows? If you draw
the blinds can they force you to allow them inside your home every week
to ensure there's no smell of cigarette smoke or butts in the trash
can? Can they search your home, pulling open all the drawers and
forcing you to open locked cabinets and safes, looking for cigarette
packs?
 
When this reaches a courtroom these are all questions both the judge
and the HOA are going to have to answer. If this smoking ban is
allowed, where's the line beyond which they can't cross and why is it
there and not before the smoking ban?

>
At my office building, one of the many idiot landlords we went through
forbid smoking inside the offices so all the smokers just stood outside
their doors and smoked and the whole rest of the building got to breathe
it.
>
>

Trump needs to take these assholes out and have them flogged.   Then lower
the Federal tax on Tobacco.   Especially the chewing kind.