Legal Question in Real Estate Law in Massachusetts

Recently installed Restaurant Exhaust Fans affecting my Residential Unit:

I own a residential condo unit with a patio and a month or so ago, I've noticed

a nearby restaurant created 4 exhaust fans right in front of our patio (on their building - not on roof but on the side of the building - but facing directly our residence and patio) and now my entire patio and the house (if I open the windows) smell like food at their operation hours. I contacted the town to see if they needed a commercial construction permit for these exhaust fans and whether there is anything we can do for them to adjust or/and remove these exhaust fans but haven't heard back. Now our house smells like restaurant kitchen at all hours (every day). I don't think it is fair that we suffer from this negative externality.

Is there anything I can do?


Asked on 6/10/13, 5:23 pm

1 Answer from Attorneys

Contact the town health dept and file a nuisance complaint with respect to the smell and use of the exhaust fans.

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Answered on 6/10/13, 6:13 pm


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