A.I. from New Jersey writes:
Dear Mister Condo,
Hi, our downstairs neighbor who rents, smokes marijuana indoor and sometimes with his friends and the odor seeps into our apartment. We spoke to the landlord and the self-managed board, both of them aren’t willing to do anything since we are allowed to smoke indoor and the neighbor downstairs claims he has a medical marijuana card. We spoke to the police and they said their hands are tied and they can’t do anything if they are doing it indoors. I have a 7-year-old child and I don’t want him to inhale the smoke. What are my options? I can’t even sell my condo since the buyers will smell marijuana once they come in.
Mister Condo replies:
A.I., I am sorry to hear of your plight. The legalization of marijuana has had many unfortunate consequences at condominium and other areas where high density housing exists. It is a question of who’s rights take priority. Is it your neighbor’s right to smoke marijuana or your right to enjoy clean air within your home? Obviously, I side with you but that is because I don’t smoke. I am sorry that your Board isn’t willing to take a stand on the matter. I believe that they are incorrect in their lack of ability to do anything. Many condominiums across the country have banned smoking within their buildings – even within the individual units. If they refuse, you have two choices. Speak to an attorney to see if you could bring suit against the Board to enforce your right to peaceable enjoyment of your unit. If the idea of suing your Board is uncomfortable or unlikely, you might consider selling You say that would be a problem but I beg to differ. There are plenty of potential buyers who smoke. In fact, that might just be your best advantage. You could advertise that your unit is smoking and marijuana friendly. I am guessing that just might be the edge you need to sell your unit to the right buyer. All the best!