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Message edited 7/20/2008 12:21:08 PM.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Wow, I wonder how that will turn out.....what if she were to get one of those ionic air cleaners or something? I can't imagine her being forced to quit or smoke outside unless it's in the bylaws of the co-op?

Re: Smoking in Apt. Bulding - Sorta Spinoff

Honestly, I would talk to your neighbor first before loding a complaint wiht the co-op board. Maybe there is a solution you can come up with together, like her opening the windows while she smokes or having one of those smoke suckers in the apartment. She may be very willing to work with you, but if you file a complaint with the co-op board before you speak to her, she may get very offended and not work with you.

Re: Smoking in Apt. Bulding - Sorta Spinoff

They were just talking about this on the View last week.

I would talk to her. I honestly don't think a rule about smoking in an apartment should be allowed. That is unfortunately one of those drawbacks to renting.

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Message edited 7/20/2008 12:21:50 PM.

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Message edited 7/20/2008 12:21:38 PM.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Check the terms of your co-op agreement. Although co-op boards can ban smoking, if there isn't anything your particular co-op agreement banning smoking, I don't know what you could do.

Re: Smoking in Apt. Bulding - Sorta Spinoff

IMO, I don't think it is right to say anything to her about it, as much as I see your point.

it's her apt.

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Message edited 7/20/2008 12:22:03 PM.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Our co-op banned smoking in common areas ( hallways) but not in apartments. They did request that anyoensmoking int their aparmntent purchase anair filter thogh. It's not in the rule though,so they can't force anyone too.

I know you shouldn't have to, since you aren't the smoker, but would it help if you put an air filter in your apartmnet, especialyl in the area where it seems to come through the most?

ETA-- oops-I just saw above, that you are getting an air filter.

Message edited 11/26/2007 12:31:18 PM.

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Message edited 7/20/2008 12:22:20 PM.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Re: Smoking in Apt. Bulding - Sorta Spinoff

I think you should contact the board to see what they can do in modifying the ventilation system so the smoke does not come into your apartment (block passages or something). Your neighbor is not doing anything illegal, so unless she is willing to purchase an air filter of some sort there's not too much she else she would be required to do.


There was a similar issue in our building with an elderly man that did not keep up his apartment that resulted in stinking up part of the first floor. As much as the board and their lawyers tried, there really wasn't anything they could do until he moved out.

Message edited 11/26/2007 12:45:49 PM.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Re: Smoking in Apt. Bulding - Sorta Spinoff

DH & I bought a townhouse and we're having the same problem - although the common wall is our stairway and not the new nursery!

For right now I bought a glade plug in thing for 1/2 bath, and put a stick-up in the closet under the stairs.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Re: Smoking in Apt. Bulding - Sorta Spinoff

i live in a condo, and there is a psycho woman who is next to me... i swear to goodness i talked to people on the board but there is nothing that they can do about her b/c she is an owner.

honestly, i would get an air purifier for the room, and put in a febreeze plug in.... they work wonders!

Re: Smoking in Apt. Bulding - Sorta Spinoff

I would go to the board and tell them that they have to fix the ventilation system, since clearly it's not working and you're getting smoke in your apt. I wouldn't make it about the neighbor smoking as much as that it's seeping through and can't they do something to fix it. Maybe start by calling in maintenance and documenting that there's a problem with it seeping through the walls/vents.

Re: Smoking in Apt. Bulding - Sorta Spinoff

I know how you feel. I once lived in an apt building, where the guy below me chain-smoked. We had shared vents and I would get nosebleeds. The management was able to get him to stop, and he soon moved.

I remember reading about a condo-related lawsuit in Florida which ended in a rule that people weren't permitted to smoke inside their units, and only outdoors. Different lawsuits have had different outcomes -- for or against the smoker.

Also, one co-op board did ban smoking in apartments a while back.
http://query.nytimes.com/gst/fullpage.html?res=9804E4D61631F933A05757C0A9649C8B63

If the smoke is coming into your unit through shared vents, I think the co-op board should try to do something to help in that you have a right to live in a healthy environment. Good luck.

Re: Smoking in Apt. Bulding - Sorta Spinoff

Re: Smoking in Apt. Bulding - Sorta Spinoff

We're having this problem, too. When we bought, the woman below us wasn't here. She's been here 5months and we get her smoke in our Bedroom. Which makes me wonder. Does she smoke in bed?