Q: I’m a shareholder in a northern Manhattan co-op. New neighbors have moved in and so they smoke marijuana all day, beginning early within the morning. The odor may be very sturdy, permeates the hallways, and makes its method into my unit, which is down the corridor and across the nook. I do know they’ve a proper to smoke of their condominium, however the odor is troublesome to tolerate and I’m frightened about its impression on my capacity to finally promote my shares. I’m pondering I ought to write them a letter, asking them to ventilate their condominium and use an air filter. What ought to I do in the event that they don’t reply?
A: You’ll be able to definitely write a letter to your neighbors, asking them to higher ventilate their unit. However that may not resolve the issue.
Even when they comply with use an air air purifier or take different steps, odors can journey. It usually will depend on a constructing’s age, construction, and the way properly its air-handling unit operates.
You’ll be able to attempt to defend your condominium by including weatherstripping to your door and utilizing an under-door draft stopper, mentioned Mark Foley, president of the Folson Group, a enterprise guide for apartment and co-op buildings. You could possibly additionally provide to put in these items in your neighbors’ door, he mentioned. Simply make sure that your method is pleasant, whereas letting them know that their weed smoke is invading your condominium.
If none of this works, you’re properly inside your rights to carry the difficulty to your managing agent and the co-op board, mentioned Debra Guzov, an actual property lawyer in Manhattan. Take a look at your proprietary lease, home guidelines and bylaws to see what they are saying about smoking and odors. Even co-ops with out smoking restrictions have nuisance clauses prohibiting circumstances that intervene with different shareholders’ quiet enjoyment of their houses.
As soon as you discover the suitable provision in your governing paperwork, search out neighbors with the identical considerations and method the board collectively. You’ll need to keep away from litigation, which is time-consuming and costly, so push the board to comply with its personal guidelines.
“Co-op boards have a duty to take care of the constructing in a method that protects shareholders’ investments, and permitting secondhand smoke to unfold unchecked might replicate poorly on the constructing’s administration,” Ms. Guzov mentioned. “Taking swift and decisive motion is so as.”
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