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The question is related to smoking rights in a single family…

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The question is related to smoking rights in a single family community with an HOA. There is no prohibition on smoking, but a neighbor has filed a complaint based on an ambiguous nuisance rule and I need to know my rights.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. Only brief to the HOA stating the steps I have taken to mitigate the issue. Kike only smoking on the far side of the house away from theneighbor, etc. I purchased a HEPA air filter, etc..

Lawyer's Assistant: Where is the house located?

Hillsboro, Oregon

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That should do it

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/13/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago
Damien Bosco
Damien Bosco, Attorney
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Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

If smoking is not prohibited and you are taking the necessary step to prevent the smoke going into the neighbor's home, then I am not quite sure what the nuisance claim is. Possibly, you can expand on the claim.

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Customer reply replied 5 months ago
She claims to have an extreme sensitivity to smoke and therefore this falls under the obnoxious odor nuisance rule. I know its funny but the HOA sent me a notice. I can not see any smoke cross the property line but she claims she can smell it.
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

I am not sure that her claim is valid or would even hold up in court. The HOA should have a written policy and all homeowners should be treated equally. So, her alleged sensitivity cannot prevent you from being treated in the same way as all other homeowners. If you want to discuss this further, just let me know.

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Customer reply replied 5 months ago
I tried twice to pay the $59 consulting fee, but it keeps erroring out saying my card info is not up to date, even after I updated it.
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

You would have to contact customer service about it. I certainly would be willing to chat with you on the phone about your issue.

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Customer reply replied 5 months ago
Should I keep trying to make payment on the site or can I give you my payment info? I assume the site requires all payment be through them.
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

You should try to contact customer service. I am a designated expert. I am not involved in the payment system. Here is customer service's information:

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