Pot Smoke - Neighbor smokes & tenants upset.

[Despina Galanopoulos]

We decided to put our Chicago condo up for rent last year after moving out of state. We have awesome tenants, who pay 5 days prior to rent being due and seem to be very vigilant over the unit and building. The unit is in a 9 unit "boutique" condo building (built in 2016) on 5th floor. There are two units per floor. Unfortunately, the unit next to ours was recently sold. The new owners are "in-unit" pot smokers and it seems the smell is getting into the common areas of the building and into our unit specifically. Our tenants have complained to us. I touched base with the HOA president who acknowledged the smell in the elevator but has no inclination to do anything about it. The building's by-laws do not have any regulations about smoking. Chicago recently decriminalized pot use. As someone new to investment real estate, I am looking for some advise. I am planning to push the board again. However, they don't seem to want to touch this issue due to the complexity. A friend suggested we hire an attorney to write a letter to the unit owners asking them to stop smoking or find a way to ventilate it. However, with out bylaws preventing smoking I don't see how that could work. We were hoping to get the owners to resign in May but it doesn't sound like they will. Thanks!

[Patricia Steiner]

There are a few things you could do:

1. Look to see if the HOA has a covenant pertaining to "noxious, hazardous, and/or offensive conduct." Nonsmokers generally cite this covenant as support of prohibiting second hand smoke exposure. Take the pot off the table - and make this a second hand smoke issue which is a vetted cause of cancer. One's right to smoke does not take precedent over the health of another.

2.  Buy your tenant a "Smoke Eater Purifier;" it's not a cure but it does help.

3. Ask the HOA to send a letter to the owner advising that the smell and exposure to smoke coming from their unit onto the floor, common area, and elevator is offensive to others and poses a health risk. Ask that they use a purifier in their unit and take preventive measures to ensure that no one else is impacted.

Hope this helps...hope even more that the HOA stands up and resolves this for you and your tenant soon.

Best...