Q: I’m a shareholder in a northern Manhattan co-op. New neighbors have moved in and so they smoke marijuana all day, beginning early within the morning. The scent could be very sturdy, permeates the hallways, and makes its method into my unit, which is down the corridor and across the nook. I do know they’ve a proper to smoke of their residence, however the scent is troublesome to tolerate and I’m fearful about its affect on my means to finally promote my shares. I’m pondering I ought to write them a letter, asking them to ventilate their residence and use an air filter. What ought to I do in the event that they don’t reply?
A: You’ll be able to definitely write a letter to your neighbors, asking them to higher ventilate their unit. However that may not resolve the issue.
Even when they comply with use an air air purifier or take different steps, odors can journey. It usually depends upon a constructing’s age, construction, and the way effectively its air-handling unit operates.
You’ll be able to attempt to shield your residence by including weatherstripping to your door and utilizing an under-door draft stopper, mentioned Mark Foley, president of the Folson Group, a enterprise marketing consultant for apartment and co-op buildings. You might additionally provide to put in this stuff in your neighbors’ door, he mentioned. Simply be sure that your strategy is pleasant, whereas letting them know that their weed smoke is invading your residence.
If none of this works, you’re effectively inside your rights to carry the problem to your managing agent and the co-op board, mentioned Debra Guzov, an actual property lawyer in Manhattan. Take a look at your proprietary lease, home guidelines and bylaws to see what they are saying about smoking and odors. Even co-ops with out smoking restrictions have nuisance clauses prohibiting circumstances that intrude with different shareholders’ quiet enjoyment of their houses.
As soon as you discover the precise provision in your governing paperwork, hunt down neighbors with the identical considerations and strategy the board collectively. You’ll wish to keep away from litigation, which is time-consuming and costly, so push the board to comply with its personal guidelines.
“Co-op boards have a duty to keep up the constructing in a method that protects shareholders’ investments, and permitting secondhand smoke to unfold unchecked might replicate poorly on the constructing’s administration,” Ms. Guzov mentioned. “Taking swift and decisive motion is so as.”
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