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strench from Board Member AptJun 17, 2010


We have a board member whose apt seems to be the source of a chronic stench of garbage and pet odor. It's the first apt. when you come into the building and it's terribly offensive. What can we do? He has been a chronic offender with pot smell and noise but has enough votes to get himself on the board. Does it matter if he is on the Board or not? Should we call the health department or demand an inspection? Thanks.

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To mb (board member) - MRM Jun 17, 2010


In the real world board members are supposed to lead example (LOL). While it is easy to say sell and get the hell out of there it would serve no purpose. You have to ask yourself is it worth taking this person on?, Have others complained?

MRM




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Re: strench from Board Member Apt - Mike MacGowan, Resident Manager Jun 18, 2010


I think you should handle it just like you would if it were another shareholder, have mangement send a letter and then wait for them to respond to the letter. It don't matter if he/she is on the board or not.

Good Luck.

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> Join the conversation Comments (2)
STENCH - aarachnoid Jun 19, 2010


KITTY LITTER HAS BEEN KNOWN TO BE USED TO TRY AND COVER ODOR FROM DEAD BODY(ANIMAL/HUMAN). CONTACT BOARD OF HEALTH AND POLICE FOR IMMEDIATE RESULTS.
WORKED IN OUR BUILDING. SOURCE OF ODOR WAS DEAD CAT.

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Apartment odors - BP Jun 19, 2010


I agree with Mike. Have mgmt send your BM a letter. Also check your Proprietay Lease. If the BM doesn't reply or won't let mgmt inspect the apt, it's very likely that your Lease allows entry without a SH's permission if unsanitary conditions are strongly suspected or known to exist.

Our Lease even says if apt windows are excessively dirty and the SH won't clean them, the coop has the right to go in and have them cleaned. Pot, beer, etc. are a SH's private business, but bad pet and garbage odors from an apt are something else.

Some people aren't very clean and don't throw out garbage, soiled cat litter, etc. as often as they should. But as another poster said, there could be a more serious problem in your BM's apt. I wouldn't waste time checking this out.

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Re: strench from Board Member Apt - escapefromyonkers Jun 19, 2010


offensive smells like garbage and kitty litter are one thing.
however if you have a personal issue against pot, well that is his own business, the same as someone having a beer of cocktail.
As the others have said , if it is that bad a source of offensive odor , everyone should man up and write the letter with your names. If the odor of mj was really that strong you might ask him to get a fan to blow sick it out the window and ask the super to put added draft control material on the bottom of the door or add sealer to the saddle if there is one.
i wouldn't put pot smell in the same category of rotten garbage and kitty litter which is a health/ vermin issue for the other residents.

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> Join the conversation Comments (2)
odor (to escape from Yonkers) - MRM Jun 19, 2010


Regarding your response, I feel that there is a great difference between someone smoking pot and someone having a beer. Having managed many properties, I have received complaints regarding "pot odor" on particular hallways. Nobody has ever called me to say that Mr. Jones is drinking a budweiser in his apartment. Simply put, if I have a beer at night nobody knows. If I smoke pot the odour/smell, more than likely will be detected and someone will complain.

MRM

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odor - A Jun 20, 2010


Um, the building shouldn't have to put up with disgusting drug addicts. The smell (skunk weed) smells like the name and the pot smoker should make adjustments to his addiction. The managment has to send a letter siting Warrant of Habitability and that they are in default.
Just because some think it's o.k., look the other way or think it's someone elses problem, it's not. Get tough man!!! Stand up for your rights.

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Re: strench from Board Member Apt - HabitatReporter Jun 22, 2010


Hi everyone! HabitatReporter here again, this time with a response from Elliot Meisel of the law firm of Brill & Meisel. He says,

"The first issue is whether the building in question is a co-op or a condo. Each has a very different way of dealing with such situations.

The most important issue here is that board members should be above reproach. They should not be guilty of anything that other shareholders should not be guilty of. It is the responsibility of the board to hold its members to a higher standard. The other board members can try to persuade the problematic board member of that responsibility. Failing that, he or she can be removed from the board either with or without cause by the other boardmembers or the shareholders, depending on the by-laws of the building.

If the building is a co-op, the Board should first check the proprietary lease as the offending board member can be found in default and afforded the chance to comply or be evicted. In a condo, there is no landlord/tenant relationship, and the by-laws are poor at enforcing non-monetary issues, but in addition to having the board member removed from the board the condo can go to court to seek an injunction against the offending conduct, but that is difficult, will take a long time and be expensive.

Calling the Board of Health is a possibility but is likely to result in the building receiving a violation, not the individual unit-owner, leaving the building, rather than the board member, with the responsiblity for rectifying the situation though the owner may be backcharged for the fine..

When litigating quality of life issues, such as noise, odors or vermin, several things are important. Have more than one complainant; have the complaints in writing, have them documented over a period of time and have the complainants willing to go to court to testify as the courts will respect a personal appearance over signed affidavits and letters. "

Hope this helps!

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