An Orange County jury found a homeowners association guilty of negligence for not resolving an issue between neighbors at a Trabuco Canyon condominium over a smoke dispute.
The family had to move out of the condo and rent a unit elsewhere because of secondhand smoke since it was affecting their young son’s asthma condition.
The jurors awarded a family $15,500 split two ways, $6,000 for economic damages and $9,500 for emotional distress. The condo association and management failed to ensure the non-smoking family’s right to the enjoyment of their own unit.
The verdict was part of a growing trend of non-smokers in California complaining to homeowners associations, filing lawsuits and trying to stop smoke from entering their apartments and condominiums by appealing to city councils.
California Assemblyman Marc Levine, a San Rafael Democrat, filed a bill that would eliminate smoking in condominiums, apartments and duplexes. It will be aimed at secondhand smoke but would not