How do I stop the smoker below me?

[3dcampbell]

What is the name of your state (only U.S. law)? California.

Hi there,

I have a reoccurring problem with my down stairs neighbor. I live in a 3 story condo building. There is a commercial on the 1st floor then there are 3 units on 2nd and the 3rd. This new construction that finished in June 2008. The old woman is below us smokes like a wild fire. This has been going on since she moved in. She is not here usually but when she is.. the WHOLE building can smell her especially us (my wife and I). The smoke pours through the wall and the vents. I confronted her directly in the beginning and received a hostile response. Since then we have been documenting every time the smoke has been smelled and we (Wendy and I) have brought out neighbors in to our home to smell how strong the odor of smoke was. They couldn't believe it. Since then all units save the retail space and the unit in below have signed a certified letter citing the overwhelming noxious odor/nuisance laws to stop the smoking in the building as it affecting everyone. She never responded nor heeded the letter. I am wondering what my recourse is to get her to stop.

All instances of the smoking nuisance has been sent to the HOA and most verified by 2 or 3 other units. We have also tried being proactive as we just want the situation fixed not to move her out. She refused to cooperate on testing or fixing the situation. Her response is. “I know my rights!” Meaning she can smoke in her home as she pleases. We don’t car if she smokes but I cannot have the smoke in my unit or the building anymore.

I need to find the next step in stopping this.

 

[FarmerJ]

HOW much money is the HOA willing to spend to see a attorney about a change to the by laws and create a smoke free building if it is possible ? I suggest if you have smoke smells coming in vents your buildings ventilation system and how it was constructed are at fault since it should have been built in a way that there would be no air sharing , Up here this is why so many LLs opt for individual heating and cooling systems for each unit OR hot water radiator heat if they must do central heating. Have you had any one look to see if your own units cieling light boxes are sealed so no air can move to unit above you ? if they werent then fair odds are NO one elses are sealed and that is part of the problem. She is correct when she says she knows her rights , its her unit and if there was no restriction about tobacco use in the HOA rules tied into the title of the home then she is correct she is using the unit as allowed. Another suggestion is to talk to the HOA and a atty about each unit being required to add fresh air exchange equipment , the reason being is that in the future another units occupant could be the one who burns incense all the time, has unusual cooking habits, does crafts that involve glues , finishes etc that STINK , you get the idea.

 

[3dcampbell]

Smoker below

Thanks for the reply. I have consulted the HOA and we can change the by laws fairly easy. So no future tenants will be able to smoke. At all. But since she is here before the change it wont aply to her. As for making changes/ upgrades it wont happen. She wont respond. But yes she has a right to smoke.. but.. its it like loud music .. meaning.. it shouldn't affect other neighbors right? I mean its in the hallway.. on several floors. It not just a little hint of smoke.. its like shes smoking in my living room. There has got to be some thing I can do that has teeth. She wont respond to the HOA any more. Something else need to get her attention.