H and D1 went on a cruise once. They couldn’t use their balcony because of all the people smoking on the other balconies! At the time though, you couldn’t smoke in any staterooms. Now, many cruise lines don’t allow smoking on the balconies either. I’m sure people complained about it.
I would approach this as a legal issue. What does your state’s condominium act say on the issue? Next, the actual condominium Declaration and by-laws. A balcony is a limited common element. If your condo has rules prohibiting grilling on balconies - it is not too far of a stretch to prohibit smoking on balconies.
It gets more complicated if the person is smoking inside of their unit - harder to regulate - but adjacent units often have problems with smoke entering through vents. I actualy think this could be a worse issue. If you succeeded in getting him to smoke inside rather than on the balcony - you might regret it.
Google a simple phrase like “smoking on condo balcony in ( insert your state)” and you will see any court cases pending, new legislation proposed, etc.
You might be surprised by the willingness of the neighbor to try and accommodate your request.
I was at a friend’s house the other day who loves his charcoal Webber grill. He had always gone on and on about how gas grills are dumb and how you just can’t get the same flavor with anything else, blah blah blah. I was surprised to see that he was cooking steaks indoors. When I inquired, he said the neighbor didn’t like the smoke from his grill so he stopped using it. He was very matter of fact about it. I was quite surprised to say the least! So there are some people who are wiling to accommodate neighbors!
I would move.
As rockvillemom pointed out, a patio or balcony is a Limited Common Element and condo associations can easily restrict use of them. Only you have the right to be on the patio (driveway, porch) but it is actually space owed by the association. The Board can restrict all kinds of things on that space, such as no storage of bikes, no grills, no flags (except US), no beach towels or swimsuits. Smoking, music, etc, can all be banned. I was just at a friend’s who is in a new condo and the walls between the patios are quite low. I told her about a fear I’d had when in an apartment with a shared balcony that the new neighbors would smoke and wasn’t she concerned (very expensive condos!). I told her have it put in the condo rules no smoking on the patios and she immediately made the request, before the other units are even sold.
I made a complaint once about smokers at the pool at my condo. I asked if they could be restricted to the area by the deep end (and near the men’s bathroom) because there were so many smokers around that it was just unpleasant near the pool and my kids were there. The Board immediately banned ALL smoking inside the pool fence - much more restrictive than I asked for. Of course people still smoked, but they did keep it away from me (if I gave them the evil eye).
Ask the board if there are any restrictions or if you could make restrictions. I do like the fan idea, or watering your plants any time the neighbor is out smoking. With a great big fire hose.
Here’s a toolkit to help make your building (including balconies and other common or partially common) areas smoke free, in case the neighbor ignores your request that he not smoke on his balcony and your building doesn’t have rules currently which prohibit smoking on balconies.
First of all thank you all for allowing me to vent. I probably should have posted in the " Get it off your chest thread."
I appreciate all your ideas and am definitely taking notes. It has been going on for several months now and I never did anything about it because I hadn’t figured out how to diplomatically resolve the issue. We have a forum for the community in which any renter/owner can post. On. of the current residents had the same issue and didn’t get a positive response from condo mgmt. She was told that there were benches in the community if she wanted to get fresh air. I thought I would post here and get some new ideas on how to approach this properly and all of you have come up with some great ideas. @Himom, I am going to read up on that link you have posted in #25. Hopefully we can come up with a solution in a peaceful manner. Northern VA is really growing and with that has been a rise of the building of condos. Tenants are from all age groups and the pricing of these new condos are up to $1 million The condo board made up of residents has monthly meetings so perhaps I should attend the next one to ask this question as I am sure there are other tenants who probably have had the same concern. I pick and choose which battles to deal with. At the same time I don’t want to be known by condo mgmt. for complaining for every little thing. Despite everything I feel with some adjustments I am still happy to live in this location and have been spoiled by the conveniences of living here. Living in a gated community I feel safe and it is nice to know that there are people around to socialize with and to help each other. I think at this stage of life with only one child it would feel lonely living in an empty single family home. At least here I feel there are always people around in the neighborhood,
HI has had a lot of success in developing smokefree policies for multifamily dwellings that are interested. We have a ton of our residents living in condos and apartments, so its a hot issue here. PM me if you need more resources.
“Do you know the owner of the unit? They may have restricted their rental to a nonsmoker and would like to know of a violation”
Okay, this is very good advice. I haven’t even read the following posts, because I have to comment on this. We own condos and always stipulate Nonsmoking only! Should we find out they are smoking, they would get a warning, then instructed to move. The HOA would know the owners phone number.
Agree that if the owners specified nonsmoking, it would definitely breach the lease and stink up the place, even if smoking is confined to balcony. I’d let owners know.
I think you should talk to this neighbor first and let him know that his smoking is bothering you. Most smokers would try to somehow accommodate you. Maybe they can smoke on another part of their balcony to be away from your windows. Or maybe they can install an outdoor fan to blow the smoke away from your windows. Maybe they can smoke outside of the building more often. Nothing will happen until you (politely) let them know that this is a problem for you.
Regarding great ideas like start cooking stinky food and loudly playing Polka music - the neighbor can start doing all these things too so be careful before electing to go to all out war (this includes attempting to completely ban his smoking). The fact that his rental had a balcony and the smoking there was allowed may be one of the reasons he chose to rent this apartment.
Thanks CCDD14. My intention is to resolve the issue diplomatically. Want to live here peacefully with our neighbors.
Has it been determined that the owner of the unit ALLOWS smoking? Thought that was NOT known and was one thing to clarify with the owner of the unit. If the owner explicitly stated NON-smoker tenants (that stench is really hard to Get out of walls and carpets, even if smoking is theoretically done outside, as it an come in through the open doors, permeate the smoker’s clothes, shoes, you name it) then it is the owner’s responsibility to address with the tenant.
My neighbor moved after just being here less than 3 years. Rumor has it that the other neighbor on the left has a son who smokes and this young couple has young kids. I only heard about it after one neighbor told me about it. Stinky food is sort of a joke suggestion, but I smell enough stinky food in my neighborhood that I have to go inside and shut all doors.
I am also in the camp of asking the downstairs neighbor nicely if he would mind smoking some where else. I imagine he is smoking on the balcony because someone in his family is asking him not to smoke inside. He may not even know his smoke is getting into OP’s house. I think it is better to assume the neighbor is reasonable and nice first.
If the neighbor is unreasonable then I would get involved with the condo board. I live in NYC. We have various rules to allow everyone live peacefully. Grilling is usually not allowed if someone lives above you, and some board just out right not allow out door grilling due to fire hazard. We have to keep most of our floors covered to cut down on noise. Contractors can only work from 9-5 M-F.
Our condo association is really strict about everything. They have so many rules.
For example no grill on the balcony and no hanging of towels. Making sure that balconies are pleasant to the eye meaning it shouldn’t be used as a storage facility. They work hard to make the community look good.
I will find out tomorrow when the office opens if the owner of the condo has a no smoking policy in the contract.
I am guessing he is smoking on the balcony so that he doesn’t have the stench in the home.
His clothes stench the home already. No doubt.
A fan may work, a fan out on your patio may blow the smoke away and allow you to enjoy it, and if you keep it on outside it may allow you to have the windows open onto the balcony, to get air. Another suggestion might be mentioned to the neighbor about e-cigarettes, that have no smell, but he may not be agreeable to that, and it won’t help with visitors. It always amazes me that given how few people smoke, how tobacco has no benefit, no safe level of using it, is so offensive to others, that it is still legal. Part of that is the hypocrisy of states, that rail again smoking but also collect huge revenues, and some of it is the political power of the tobacco companies and the tobacco growing states. I find it kind of ironic when I hear certain politicians ranting against the legalization of pot (which as a disclaimer, I have reservations about it) and many of the same politicians are pit bulls defending the tobacco industry when tobacco is truly addictive and is a lot more dangerous than pot. From what I have read, in places where pot is legal now, places routinely ban pot smoking but allow tobacco smoking,citing that pot smoke is offensive and can give those who don’t wish it to inhale it…but don’t think the same thing applies to cigarette smoke.
I hope California will ban smoking period.