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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117373
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is there a Colorado law, either at state or local level. That

Customer Question

Is there a Colorado law, either at state or local level. That would restrict or prohibit a person from smoking cigarettes on a porch in a Condominium setting? The problem is I live in the unit directly above her and the smoke is coming up in through my porch windows and bedroom windows and stinks up my bouse. It's effecting my health. It is becoming unbearable. I have asked her to stop smoking on the porch and go inside her unit. She does not want to stinck up her own unit. Since I have asked her to alter her behavior she has gotten worse. Now she is accusing me of making harassing phone calls. She thinks she has the right to do any thing she wants. That just can not be true. Why should I have to suffer? Why should I have to live with my windows closed?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.

The Colorado law prohibits smoking in restrooms, lobbies, hallways and other common areas in public and private buildings, condominiums, and other multi-unit residential facilities, except for areas of assisted living facilities that are designated for smoking that are fully enclosed and ventilated and to which access is restricted to the residents or their guests. goto to learn more about reporting violations:

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Customer: replied 8 years ago.

Thank you for your reply, Are you telling me the the law is protecting her and I have no rights to have a smoke free home?

Is there any way I can bring some kind of legal action against her? What type of attorney do I look for? Is it a civil attorney? Can you recommend an attorney in Aurora Colorado?

Expert:  Law Educator, Esq. replied 8 years ago.
You first must contact the condo association and proceed through their bylaws to make a complaint. If her smoke is coming into your home, then I would suggest that you could have a trespassing action against her for interferring with your peaceable enjoyment of your property. As far as attorneys, the terms of service prevent us from giving personal information, but you can goto which is the site attorneys use to locate other attorneys when they need them.

Customer: replied 8 years ago.
Thank you. I don't want to be a pest. If the Condo association will not do any thing, how do I do this traspassing action against her?
Expert:  Law Educator, Esq. replied 8 years ago.
You would have to file a suit in court against her, and I would recommend hiring an attorney to do so.