Question:
We have a complaint of smoke nuisance (smoke from one condo penetrating walls of another condo). The owner who smokes ignores our letters and is not willing to cooperate with the board to resolve the issue. She has a sign on her door to do not disturb and do not knock on her door. Any suggestions on how to proceed with totally avoidant owner?
– Debbie
Answer:
Hi Debbie,
In Florida, condo associations have the authority to enforce nuisance provisions outlined in their governing documents. Since the owner in question is unresponsive and unwilling to cooperate, the board should escalate the matter formally.
Start by reviewing the condo’s CC&Rs, bylaws, and rules to determine if smoking-related nuisances are explicitly addressed. If so, issue a formal violation notice via certified mail, outlining the specific rule being violated and the potential consequences of continued noncompliance.
Since the owner refuses direct contact, consider obtaining statements from affected residents and gathering evidence, such as air quality assessments, to substantiate the complaint. If the owner remains uncooperative, the board may need to involve legal counsel to issue a demand letter or pursue arbitration, mediation, or legal action if necessary.
Additionally, check whether local ordinances or county regulations provide further protections against secondhand smoke exposure in multifamily housing, as some municipalities have stricter rules. Taking a methodical and documented approach will help the board address the issue while demonstrating good faith efforts to resolve the nuisance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
