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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Dimitry, this is to the dialogue we were originally having

Customer Question

Dimitry, this is a follow up to the dialogue we were originally having regarding requesting/preventing my HOA not to spray toxic chemicals. So not sure there would be an extra charge here?? I now have a letter from my personal health care provider: "TO
WHOM IT MAY CONCERN, I have been one of ------- Physicians over the past 16 years since his diagnosis of lung cancer and recommend both medical treatment and health care practices for maintaining his health. It is my recommendation that he should avoid direct
contact and air borne exposure to any toxic chemicals, sprays, substances applied/sprayed in common areas he may walk as well as application within 50 feet around his residence. This includes all toxic chemicals/vapors and Non-Organic Fertilizers, Herbicides,
Insecticides where there is any question raised regarding carcinogen causing ingredients such as glyphosate and products such as Monsanto’s RoundUp that contain them. Every effort should be made to find alternative organic products to reduce the potential
harmful effects. Sincerely, ***** ***** M.D. and Medical Director, Lung Cancer and Thoracic Oncology Program City of Hope Hospital A National Cancer Institute "Comprehensive" & "Clinical" Cancer Center " My question: If my HOA continues to not honor my request
not to spray around my home and is creating a harmful environment for me where I fear for my well being and need to move out, can I hold the HOA liable for my sales commission costs and moving costs to relocate?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question and for requesting me again.

To answer directly, if you can prove harm (not just that they are creating a harmful environment, but that you can point to an infection or some manner of adverse affect to your health), then yes, you can hold them personally liable for your harm and your damages. Then you can indeed move out while this spray takes place. But selling the property is a bit out of scope so I really do not see the courts siding with you and forcing the HOA to cover the sales commissions especially since you can potentially sell the home without the need of a realtor.

Sincerely,

Dimitry, Esq.