Quote Originally Posted by Edwina's Secretary View Post
I am seriously opposed to the government nosing into my home. (Assuming I do not have a meth lab going in there.) There have been some communities that have banned smoking in homes here in California but.... those are instances of condo, rentals...places where one man's ceiling is another man's floor... It is a tough one. I can tell if someone is smoking two cars away from me. Many times I have been in my hotel room in a non-smoking hotel and I can smell that someone...somewhere in the hotel is smoking.
I was under the impression that certain areas of Kaliforia had bans on smoking in cars due to the threat of wild fires as well.

So, if I buy a condo...or rent an apartment. With no smoking. And someone moves in next door who smokes. Whose comforts/expectations prevail?

When we bought our house we were told the rules -- no cars on the street overnight, can only paint the house certain colors, no rvs or boats. It was our choice to buy here or not. And on the other hand -- I sure like the way the neighborhood looks and the property values stay high.

So does that infringe on someone's "right" to paint the house next door bright purple? Maybe.

But that is the problem with rights and rules - your "right" may break my "rule" and my "rule" may infringe on your "right."
If you buy a house or condo in an area that has tenants you know what you can and cant do on your own property. In such a case you have voluntarily infringed on your own rights, nobody forced you into it. Your "rights" and "rules" comparison fails.

ETA: If someone moves into a nonsmoking rental and smokes inside of the unit, they are in breach of contract and in the wrong. If the rental is not specific on smoking or the renters are smoking outside, the nieghbor is SOL on comfort.