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I own a condo unit in Miami, FL.
Below me lives a renter who smokes incessantly on his balcony below mine. Consequently, my balcony and inside my condo unit reek of cigarette smoke and odors. I have complained to the renter himself, to the HOA board and to the owner if the unit below, ie, the renter’s landlord. No one has done a thing about it, even though I expressed that my health is deteriorating due to the second-hand smoke I am forced to inhale día in and day out.
Is a renter who lives in a condo unit legally allowed to disrupt condo unit owners and get away with it? It would seem to me that owners in a condo complex should have priority rights over renters. But my HOAs silent treatment towards my second hand smoke complaint is a clear indication that they are choosing to side with the asso’n.
Thanks in advance.
I suggest checking your state laws concerning this issue as well.
this is illegal. in recent years, courts have found in favor of shareholders who were bothered by second-hand smoke.
https://www.fsresidential.com/new-york/news-and-events/articles/is-your-co-op-liable-for-secondhand-smoke-what-can
http://gothamist.com/2016/03/03/secondhand_smoke_nyc.php
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If there is a provision in the Condo Rules for smoking, and there should be Smoking Rules" which outlines if, where, what, etc.. that smoking can be done, the renter needs to abide by the same set of rules as a unit owner. It would then be up to the Condo Board/Association to enforce them with the Unit Owner and him/her to enforce it with the renter.
Here in NYC, I have turned many of the buildings that I manage into nonsmoking buildings, and amended the rules in others to limit where smoking can occur in the buildings.
Speak with your manager and board members and see what can be done... Hint: find a non-smoking board member to appeal to!
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