[WSBARP] smoking in the condo

[NC]

Nuisance and violation of the covenant of quiet enjoyment. As stated in the
Nolo article on a Florida decision of similar fact pattern: "A Florida
court awarded $1,000 to a nonsmoker after she successfully argued that her
condominium neighbor's smoking was trespass, a nuisance, and violated her
right to quiet enjoyment. The nonsmoker and her family suffered health
problems as a result of the smoking and sometimes had to sleep elsewhere
when the smoke from the neighboring condominium was particularly
dense. ( *Merrill
v. Bosser,* No. 05-4239 COCE 53 (Broward County Ct., June 29, 2005).)"

On Friday, January 20, 2017, Roger Hawkes <Roger at law-hawks.com
<javascript:_e(%7B%7D,'cvml','Roger at law-hawks.com');>> wrote:

> Long time client and friend suffers from emphysema.  The condo underneath
> her unit houses smokers.  Much of the smoke odor visits my client’s condo.
> There is no current hoa rule prohibiting smoking in the units.  The live in
> Edmonds. The smoker owner says she specifically bought there because there
> was no rule against smoking in the unit.  Any ideas to help my client would
> be usefulJ
>
>
>
> Roger Hawkes, WSBA 5173
>
> 19909 Ballinger Way NE
>
> Shoreline, WA 98155
>
> www.hawkeslawfirm.com
>
> 206 367 5000 voice
>
> 206 367 4005  fax
>
>
>


-- 
Nicholas L. Clapham
(206)939-0262

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