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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33715
Experience:  15 years real estate, Realtor. Landlord 26 years
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We bought a condo for my daugher and her husband who are

Customer Question

We bought a condo for my daugher and her husband who are both mentally ill. They smoke and the reason we bought this condo was that there were no HOA rules against smoking per se. They have a patio and were smoking there but there were complaints so they now smoke only in their condo with an air purifier going. But we just received a letter from the association complaining about odors emanating from their condo. Someone near them must be complaining. How can I respond--it seems like if they don't specifically ban smoking that they can't ask them to stop. Barbara
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: it's in California (San Diego)
JA: Has any paperwork been filed?
Customer: We've received two letters with heading "Violation Response". After the first one, I told my daughter and her husband to only smoke in doors and not to use the patio. But now we've gotten a second " Violation Response" because the smoke from indoors must be getting out the door or something.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like them to stop smoking altogether but when you're mentally ill it seems to help their symptoms and the side effects of medication so though they've tried they haven't been able to stop. How much will this cost?
Submitted: 29 days ago.
Category: Real Estate Law
Expert:  Barrister replied 29 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What rule or covenant is the HOA claiming they are violating?

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Or are they just saying that they have a general complaint?

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Are they threatening to take some kind of action against you as the owner?

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thanks

Barrister

Customer: replied 29 days ago.
Rules and Regulations Section V, B: "Owners and occupants shall not cause or permit any disturbing noise or objectionable odors to emanate from thier respective Condominiums." They say if we are still not compliant in 10 days we may be called to a hearing before the Board of Directors or it may be referred to the Association's legal counsel for further action.
Expert:  Barrister replied 29 days ago.

Ok, then they do have an actual "legal leg" to stand on here.. With that said, you may have to come up with a plan to either eliminate the odors, or get them to stop smoking so as to avoid any fines or punitive action for violating the rules. You may want to consider getting another smoke neutralizer and make the HOA aware that you are doing so in an attempt to cure the violation..

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Or try to get them to stop smoking... This would be a really good reason for you to encourage them to quit if not for their own health, also for preventing any punitive actions by the HOA....

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thanks

Barrister

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