We have a neighbor who runs a standard windows fan next to our back window on high 24-7,, is this legal? He is also running a tv on high volume 24-7...
Country relating to Question: United States
State (if USA): Minnesota
aksing that they stop or at least turn it to low
Welcome and thank you for your question!I am sorry to learn of your experience. So that I get a clear picture, would it be fair for me to assume that your neighbor does not have air conditioning (thus the window fan), and the TV gets turned up higher because of the noise from the fan?Can I also assume that you do not have air conditioning and, thus, your window is open, too and that's how you hear all this?
There are no air conditioners involved. This is not a fan in the window. We rent a unit in a condominium complex. They are side by side units. The owner of the connected to our unit has taken issue with the fact that my wife and I smoke (tobacco) outside the back of our unit. There is a walkspace between the back of our shared unit and the garages at the back of the units. His fan sits, outside, pointing at our side. The owner of the unit that is attached to ours has, among other things, appealed to the general manager of the complex, sent appeals to the county we live in and to the city council of our town, and sent numerous attack emails to all of the residents of the complex. There are 2 (of the 14) other units that smoke on the property as well. Our neighbor placed the fan to blow in our direction when he placed a rotting bucket of fish guts with maggots in that same space. We discovered the disgusting mess and removed it after notifying the manager. The county, the city, the general manager have all informed him that it is not an issue that they can deal with. here are no state, county or local laws that apply since it is private property, we smoke only on our part of the property and there are no codicils (sp?) withing the association that prohibit the use of tobacco. There is a long history of this person bullying all of the other residents of the property and we are now his most recent targets. We are not doing anything wrong and have the spoken support of almost all of the other residents. No one is taking his side in the issue. His latest tactic is to play a tv(or radio?) loud but not so loud as to violate local sound ordinances and he plays it, just like the fan runs, 24-7.
Thank you. Since you reside in a condo complex, have you asked the Board of Directors or the Association to adopt local bylaws which would restrict/prohibit his behavior?
no and it is my impression that this person lives for the attention. there have been many other issues that he has continually ranted to all about, none of which has he succeeded in turning his way... i feel that there is nothing more he would like than to keep harping and churning. he offered "Arbitration" but I feel I have nothing to gain so it also makes no sense. keep in mind that this is a person who thought rotting fish guts with a fan was a reasonable response...
Thank you. Does this person have mental health issues? I ask seriously. Is this person capable of caring for himself or is he just a miserable soul who is intent on dragging everyone else with him?
Really good question... Having gone to that greatest of all resources "Google" (if its not in google it doesn't exist...) what I found was some very significant writings that relate to something refered to as "bullying syndrome". It is based on low self esteem/selfworth, has a strong aroma of narcissism and is about wanting to make the world focus on you to gain worth. Munchhousans lives in the catagory, victim playing is there... It is MY opinion that this person IS mentally ill and he scares my wife in the extreme. His wife has left him (recently moving to a new job many miles away. Part of the problem is that I have spent more than 2 minutes of my life with this person... I am guessing that I have handed you a gourdian knot so please feel free to take your time...
Thank you. There are two ways this can be approached:1. Have the local association adopt bylaws which prohibit the behavior you've described and have the association enforce those bylaws if he continues.2. Open up your checkbook and hire a private attorney to sue him for civil nuisance. A nuisance is "[a]nything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property." Minn. Stat. § 561.01.Again, the nuisance actions are not criminal in nature. This is why the police can't/won't do anything. It's a means of relief in civil court.I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.I hope you understand.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
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