S.M. from Colorado writes:
Dear Mister Condo,
If a condo neighbor does construction work on their condo that damages the integrity of the wall between our units, (i.e. makes a hole) and is also a smoker, so the smoke goes through the wall space and is coming out of the outlets, etc. on my side, is there any recourse that I can do from my side to force them to fix the issue? Our HOA claims it is not their responsibility (which I don’t believe is true since my understanding is that we own the airspace but not the walls, etc. My thought would be they are responsible to ensure the wall has integrity between the units). I’m getting a bit desperate on the issue, since I live in Colorado, and have a 7-month-old child. These same neighbors, of course, smoke pot, too, and I feel like we are under assault in our own home!
Mister Condo replies:
S.M., I am sorry that you find yourself under smoke attack in your own home. Since I am not an attorney, I cannot offer you legal advice but I do think that you are onto something when you mention that the association won’t get involved and your neighbor has clearly modified his unit which is causing your problem. Second-hand smoke is a serious matter and you need to protect both yourself and your infant. Talk to an attorney and find out if your recourse is with your neighbor or your association. Quite likely, both are at fault here and you may need to sue them both to seek relief. I hope it all works out for you.