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philip.simmons, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 32798
Experience:  10 years experience in the law
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I live in a condo located in macomb county Mi. The woman in

Customer Question

I live in a condo located in macomb county Mi. The woman in the condo below us constantly smokes...we can't sit on the balcony or have our windows open without our home smelling like a cigarette or our asthma and allergies kick in with episodes of constant coughing.
Our HOA does not have a policy.
What can be done
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  philip.simmons replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

Frankly, the best way to approach this is through the HOA board. The HOA board of directors has the power to modify its polices and can regulate this. If you can convince the board to adopt such a regulation, that would alleviate the need for you to go to court.

But if the board is unwilling to adopt such a policy?

You can file a lawsuit for nuisance.

Under the common law, persons in possession of real property (land owners, lease holders etc) are entitled to the quiet enjoyment of their lands.

If a neighbor interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance.

Here, your claim would be against the person who is creating this nuisance...smoking and impacting your ability to enjoy your property.

The key will be proof.

Proof of BOTH the underlying claim (that they are smoking so much it is impacting you) and the damages (how this has impacted you).

Proof can be made in many ways. You can testify to what has happened. Video/audio can be very helpful...if you can capture some video, that can help show the court what is going on exactly. Or have a neighbor come by so they can experience and testify about this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  philip.simmons replied 4 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding

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