[r9etb]

If you *read* the article

If you read the article, you'd see the following:

Their two-story units are separated only by a shared wall. They share a front porch, and a wooden fence separates their back doors. Zangrando said his neighbor's cigarette smoking is apparent whenever he opens a window or steps outside his home.

What appears to be happening here is that he cannot escape her fumes. I think we've both walked by enough outdoor smoking areas to know that her smoke and smells do get into his house, and that the smoke and smells are probably very strong at times.

IMHO she's being a "considerate smoker" only in terms of the guy she's renting from -- he says he doesn't want the place to smell like cigarettes. So she goes outside, and now her fumes get into this guys house, and apparently exacerbate his lung problems.

This particular case is not really the same as the "smoking in restaurants" thing. Here we have a guy on his OWN private property, who cannot escape the fumes from the renter next door. There are some who are willing to impose further costs on him ("he should move"), but nobody seems to recognize that the stupid habit of nice lady next door is imposing actual costs on him.

[Dog Gone]

One of my neighbors has a tree very near my back fence that invariably dumps a ton of leaves into my swimming pool every autumn. It's not even a pretty tree.

It is a real pain in the butt to me. It clogs my filters and interferes with the pool sweep.

Think I should sue?

[citizen]

Hey, pal, we need an unbiased reporter to attend the trial and give us just the facts, ma'am.

Can ya halp us out?

[tpaine]

-- Their two-story units are separated only by a shared wall. They share a front porch, and a wooden fence separates their back doors.

Here we have a guy on his OWN private property, who cannot escape the fumes from the renter next door.
64 -r9etb-

---

Only the interior of his condo is the guys "OWN private property".. -- Under the associatons rules, the rest of the surrounding condo property is owned in common.
Apparently the associations rules allow smoking in/about the complex..
The nutty professor has no legal leg to stand on.. He bought into the condo fully aware that his neighbors could smoke him out..

Case closed..

[XBob]

64 - "Their two-story units are separated only by a shared wall. They share a front porch, and a wooden fence separates their back doors. Zangrando said his neighbor's cigarette smoking is apparent whenever he opens a window or steps outside his home."

sounds pretty stupid to me - like a one legged man getting an apartment on a 5th floor walk up.

[kimmie7]

This particular case is not really the same as the "smoking in restaurants" thing. Here we have a guy on his OWN private property, who cannot escape the fumes from the renter next door.

Ya know what, this is why we will never own property adjoining another. I mean, really, unless you had no choice why on earth would you buy a home where you can control what happens on the other side of the wall???

[Major_Risktaker]

Here we have a guy on his OWN private property, who cannot escape the fumes from the renter next door.

Solution

You are out of this world r9etb!

[CSM]

"What appears to be happening here is that he cannot escape her fumes."

You ever hear of shutting a window? It takes less than 10 minutes for a person to smoke a cigarette, would closing a window for 10 minutes cause undue harm to anyone? How about if the neighbor gave warning by calling ahead of time for them to close their window? That dang dryer vent causes dryer exhaust and smells to permeate my condo, you can no longer dry your clothes in a dryer!