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skier · Mar 11, 2004, 07:45 PM

Hi,
I am new here and am looking for advice or experience dealing with offensive odors coming from the condo next door. The folks, although very nice otherwise, are Indian, and they cook several times a day (sometimes all day) with currie. The odor is so strong that I am forced to close all my windows whenever they cook. I support anyone's right to cook what they want and expect to always run into cooking odors I do not like. However, the cooking is continuous. The odors are so continuous that the attic space above them (and me) is permiated, and the odor was coming into my unit through my ceiling fixtures. Sealing those fixtures solved that problem, but now that the weather is warming I can not enjoy any fresh air. Our bylaws do protect residents from offensive odors, but the Board is scared to bring the subject up for fear of discrimination. What about my rights to peaceful living? Am I the one being descriminated upon? I am an owner, and these folks rent. The owner of that unit is also Indian. Does anyone know if I have recourse? Has anyone dealt with this issue that can give me advice?

Thank You in advance,?

bengal1 · Aug 2, 2004, 05:03 AM

Hi Skier

I would have thought I wrote this myself! I have the same problem in my condo w/ I ndian cooking smells permeating my home, which also began in in March of this year! The association does not want to help. I have caulked my kitchen cabinets on our adjoining kitchen wall, bought a heavy duty air cleaner, and by advice of the Home Deport store-placed odor eaters in the intake vents of my air conditioning ducts. Nothing is working. I am sick to my stomach! Sometimes it comes through the walls and sometimes through my air ducts. Do you have any advice or direction as to if anything or anyone has come to your defense? I too, was also told by the association and the Board of Health, that I have no recourse as to what someone else cooks even though my home is making me sick.
Thanks in advance!

:(

lightwave · Oct 27, 2010, 06:47 PM

I don't have an answer for you but I am also faced with the same situation. I don't want to offend anyone, but the odour is just too pungent and has made it uncomfortable to walk out of the elevator into my unit. I'm embarrassed to bring guests over. There must be some type of laws that protect the victims here. I'm living in a rather posh condo and feel this odour is bringing down the value of my place.

excon · Oct 29, 2010, 05:11 AM

Originally Posted by lightwave

There must be some type of laws that protect the victims here.

Hello light:

I don't believe there are.

excon

AK lawyer · Oct 29, 2010, 12:14 PM

Originally Posted by lightwave

... There must be some type of laws that protect the victims here. ...

There are usually laws in most American Jurisdisctions having to do with public or private nuisances. That appears what you are dealing with. You could sue and, of you can convince the court that it is in fact a nuisance, you could get redress. Speak to an attorney.

An old post in the thread mentioned a HOA that was afraid to take action out of fear of being accused of discrimination. That, of course, is utter BS. People are not allowed to violate others' rights with impunity simply because they are members of exotic minorities. If there is an association in the picture, and if it refuses to take action out of such unfounded paranoia, sue it as a defendant as well.

twinkiedooter · Oct 29, 2010, 12:58 PM

Curry is not pleasant to keep smelling. Ever smell jerk goat? Now that will burn the hairs inside your nose to put it mildly. I had to put up with that ungodly stench almost daily for months until I moved elsewhere.

If you want to sue the HOA, then I say go for it. You should be able to enjoy "fresh clean air" in your posh condo. Get other condo owners involved and have all of you sue for your "clean air". One rental should not dictate what owners have to smell and put up with. You could also split the cost of an attorney on this one as no attorney will take this case without a hefty retainer. You will probably win as well considering you are being made physically ill from the smell of the curry. You could possibly be allergic to curry as well.

twinkiedooter · Oct 29, 2010, 01:07 PM

Our bylaws do protect residents from offensive odors

Be sure to take your bylaws to the attorney's office so the attorney can decipher if the stench (and yes, I do mean stench) of curry would be deemed an offensive odor.

I can well understand your distress but you must remember you must take the initiative to make them cease this stench. If the HOA is packed with sissies afraid of their own shadow, then you and your fellow owners who live next to, above or below this nuisance, you ALL must confront the HOA all at the same time with your demand (yes demand) that these renters cease the daily ongoing stench. This is not a third world country here, this is America and seeing as you paid good money to actually own your own apartment you should happily enjoy it without this stench. What difference would it be if these neighbors were smoking dope and expelling either pot or crack smoke into the air? There would be no difference. Offensive odors are offensive odors. I don't see where discrimination would come into play. I think the HOA is blowing smoke in your face on this.

AK lawyer · Oct 29, 2010, 02:05 PM

Originally Posted by twinkiedooter

[B]... I don't see where discrimination would come into play. I think the HOA is blowing smoke in your face on this.

That was the OP, a different person, who posted that info 6 1/2 years ago.

Lightwave (who, by the way, should have started a new thread) doesn't indicate he's getting the same response from his HOA.

AK lawyer · Oct 29, 2010, 02:06 PM

Lightwave, I suggest that the first thing you do is to speak to your neighbors about the offensive odors. Perhaps they don't realize they are a problem. And perhaps something could be done regarding filtering, venting, etc. to solve the issue.

twinkiedooter · Oct 29, 2010, 02:19 PM

Originally Posted by AK lawyer

That was the OP, a different person, who posted that info 6 1/2 years ago.

Lightwave (who, by the way, should have started a new thread) doesn't indicate he's getting the same response from his HOA.

Yes, I realized the OP was a few years ago but I included this because most condos DO have by laws albeit containing the same boiler plate language.

lightwave · Oct 29, 2010, 11:17 PM

Nice to read all your responses – Sorry I'm not familiar with this type of forum so I didn't' realize I should have posted a new thread or referenced an HOA. I'm assuming it's because of the age of the first post.

I'm going to show my naivety by stating that I don't know what an HOA is. I'm going to guess ;Home Owners Association. I'm in Canada and wonder if we have this type of organization. I'm certainly willing to inquire with them.

Just to throw another caveat out there, let me share my unique situtation.
This is a new building which I just purchased 4 months ago. I'm paying what they call an 'occupancy fee' because it is not completed yet and needs to be registered with the city before I can take full possession. I can't even throw the cash at them to purchase it.
After writing a note to the condo sales office requesting a contact name where I could discuss my concren, I got a reply reading that the building is still not registered with the city and therefore is not governed by a committee. They went on to suggest that I should join the committee. (which isn't a bad idea)
So it looks like I cannot do anything for at least another 4-6 months when it is inspected and registered with the city.

Thanks for your help folks.

excon · Oct 31, 2010, 06:27 AM

Originally Posted by lightwave

So it looks like I cannot do anything for at least another 4-6 months when it is inspected and registered with the city.

Hello again, s:

I'm going to reassert my original position... I don't believe you have a case... There are certain things one gives up when they live in communal housing. One is noise, and the other is smell. Yes, to YOU the scent is bad... But, to them, it isn't... It's cooking. They ARE allowed to cook their native foods in your communal building... No judge is going to stop them.

If there's a physical problem with the building that allows odors to spread where they shouldn't, and YOU own the building, the onus on fixing that, rests with you.

excon

ginnygins · Mar 14, 2011, 09:30 AM

I live in a shared accommodation & my neighbours,since they had some building work done,all I smell is curry curry curry,it comes into my room so strong,and overwhelms me to the point where my chest starts burning.I am an asthmatic and am now beside myself.I went over next door 4 times to explain politly that they need to open their windows & doors when they cook but oh no they switch on their ventilator which seems to be blowing all the smell in to my room,I have given up... feel like chucking a brick through their window.. Im Indian by the way.