I provided video proof to my Condo Board that my neighbor airs out cigarette smoke from her unit into the common element hallway. The Board threatened sanctions against her, but she called their bluff and they did nothing. Their solution was to open the hallway windows to air it out. So I decided to keep the hallway windows open all the time because it mitigated the problem. Now the Board nailed the windows shut (only on MY floor, not the other 4 floors) & said it's a heating issue. Have they created a health risk for me by sealing those windows? Is this a discrimination issue since they have targeted only my floor? Can I sue to have the windows opened or for financial compensation due to the health risk they have created for me? Thanks.
1 Answer from Attorneys
You can go through the by-law process within the administration of the condo association to try and overturn the decision regarding the windows, although I can understand their rationale given the heating expense incurred by keeping the windows open. Review your by-laws to see if there is a process for enforcing the sanctions against your neighbor or passing a more stringent rule that would force her to adjust her behavior. As for a damages suit, you won't get anywhere with that.
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