A condominium association has the right to ban residents from smoking even inside their own apartments, a Colorado judge has ruled.

The Denver Post reported Nov. 20 that the Heritage Hills Condominium Owners Association in Golden, Colo., amended it bylaws earlier this year to ban all smoking. Residents Roger and Colleen Sauve, both smokers, sued the condo association, but Jefferson County District Judge Lily Oeffler ruled against them.

Oeffler compared the smell of smoke to extremely loud noise that is not contained to a single area, thereby creating a nuisance to others. She noted that the condo rules bar any nuisance that is "a source of annoyance to residents."

"This is my home, and I worked for it," said Colleen Sauve. "I can't relax and have a cigarette in my own home. If I do, I'll get fined."

Other residents complained that the smell of smoke from the Sauves apartment seeped into their homes. Brian Martin, an attorney for the condo association, said the homeowners were "recognizing the dangers of secondhand smoke and its obnoxious odor and were making their community a safer place for everybody."

"Your home is your castle, but when you live in a small community like this and your actions start affecting those around you, it prevents other people from their homes being their castle, and something clearly needs to be done," added Martin.