Q: I am a shareholder in a northern Manhattan co-op. New neighbors have moved in and they smoke marijuana all day, starting early in the morning. The smell is very strong, permeates the hallways, and makes its way into my unit, which is down the hall and around the corner. I know they have a right to smoke in their apartment, but the smell is difficult to tolerate and I’m worried about its impact on my ability to eventually sell my shares. I’m thinking I should write them a letter, asking them to ventilate their apartment and use an air filter. What should I do if they don’t respond?
A: You can certainly write a letter to your neighbors, asking them to better ventilate their unit. But that might not solve the problem.
Even if they agree to use an air purifier or take other steps, odors can travel. It often depends on a building’s age, structure, and how well its air-handling unit operates.
You can try to protect your apartment by adding weatherstripping to your door and using an under-door draft stopper, said Mark Foley, president of the Folson Group, a business consultant for condo and co-op buildings. You could also offer to install these things for your neighbors’ door, he said. Just make sure your approach is friendly, while letting them know that their weed smoke is invading your apartment.
If none of this works, you are well within your rights to bring the issue to your managing agent and the co-op board, said Debra Guzov, a real estate lawyer in Manhattan. Look at your proprietary lease, house rules and bylaws to see what they say about smoking and odors. Even co-ops without smoking restrictions have nuisance clauses prohibiting conditions that interfere with other shareholders’ quiet enjoyment of their homes.
Once you find the right provision in your governing documents, seek out neighbors with the same concerns and approach the board together. You’ll want to avoid litigation, which is time-consuming and expensive, so push the board to follow its own rules.
“Co-op boards have a responsibility to maintain the building in a way that protects shareholders’ investments, and allowing secondhand smoke to spread unchecked could reflect poorly on the building’s management,” Ms. Guzov said. “Taking swift and decisive action is in order.”
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