Legal Question in Real Estate Law in Illinois

Condo Owner's Rights

I live in a multi-unit condo-conversion/apartment complex. I purchased my unit back in December, and in January a chain smoker moved in next door to me. I get a heavy odor of cigarette smoke into my apartment all day and night. I contacted the property management and they basically told me to deal with it, so an attorney is my last resort. If I was still renting I would've just moved, but as I own my unit this is not an option. Is there anything I can do?


Asked on 4/17/08, 12:59 am

2 Answers from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Condo Owner's Rights

Seems to me that this is a nuisance that is interfering with the enjoyment of your property and possibly causing a diminution in value of the common areas fiothe smoke is causing damage to common walls, etc. If so, the condo association should do something to correct that. If not, you may be able to file a suit personally on a nuisance theory.

Good luck!

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Answered on 4/19/08, 4:05 pm
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Condo Owner's Rights

Excellent question; I don't know the answer. I would start by looking at your condo docs (Rules & Regs, By-Laws, Declaration). If it's not addressed there, I'd go to the state law to see if I could find anything. Then I'd hit the cases to see if a similar issue has ever been dealt with in court.

Maybe you could start with the condo docs to see if you find anything there yourself. Good luck!

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Answered on 4/17/08, 2:03 pm


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