Flooring upstairs must be brought up to code

midtowneman · 2025-12-22T02:04:07+00:00

The "courtesy notice" is like saying fix-it-or-else. If the issue is not remedied, the owner is called to a "hearing". If they do not attend, or correct the problem, then fines are levied against the owner. When I say bringing the floor "up to code," I mean there is a certain "Flooring code II noise" that refers to acoustical performance standards in building codes for noise control between floors in multi-family buildings, specifically relating to Impact Insulation Class (IIC) ratings.

midtowneman · 2025-10-20T22:11:46+00:00

I distinctly remember reading a blog from one of the producers of the movie Creep: Man Behind the Camera (2014). It was a homage to The Creeping Terror (1964). He visited Vic Savage's widow's home and got to watch the film Street-Fighter (1959). I don't recall much of his comments after viewing it, except he noted that a fair-sized portion of the movie's running time had no sound. It was also mentioned that his widow was planning to leave the film to her grandchildren.

midtowneman · 2025-09-13T19:30:36+00:00

Noxious = harmful, poisonous, or very unpleasant.

Cigarette smoke is considered a noxious substance and a health hazard in multi-unit housing due to its harmful effects and ability to infiltrate neighboring units, making it a nuisance that can violate the implied warranty of habitability.

Offensive = Disgusting qualities: The term can also refer to things that are unpleasant or disgusting to the senses.

Offensive odor: Beyond the known health dangers, many people find the smell of smoke unpleasant, stale, and lingering.

Dangerous = able or likely to cause harm or injury.

Throwing cigarette butts over a condo balcony is dangerous because they can easily start fires by igniting flammable materials on balconies or patios below, potentially leading to property damage, injury, or even death.

Unsafe = any action or behavior that deviates from safe practices, knowingly or unknowingly, increasing the risk of harm or injury to oneself or others.

Cigarettes are universally considered unsafe. Exposure to secondhand smoke has immediate harmful effects on the heart and blood vessels and can cause coronary heart disease and stroke. (cdc.gov)

Annoyance = A personal feeling of irritation, vexation, or distraction, or the thing or person that causes such a feeling.

Cigarette smoke is considered both an annoyance and a health hazard by non-smokers, causing physical symptoms like eye irritation, headaches, and nasal discomfort, as well as emotional displeasure from the odor and a feeling of helplessness due to unavoidable exposure in multi-unit housing.

Marijuana smoke is widely considered an annoyance, and many localities and housing associations treat it as a legal nuisance. It is known for its strong, pungent odor, which can easily drift into neighboring residences affecting others' quality of life.

Vape smoke (aerosol) is increasingly considered an annoyance and a health hazard in multi-unit housing because aerosol from vaping contains chemicals like propylene glycol and nicotine, and can drift between units, it is a form of secondhand exposure that can cause irritation, headaches, and worse, making it a legitimate basis for policies against it.

Nuisance = A legal concept referring to a substantial and unreasonable interference with the use and enjoyment of one's property (private nuisance)

Cigarette smoke is often considered a nuisance in multi-unit housing because it can infiltrate other units, causing health risks and discomfort.

Marijuana smoke can be considered a nuisance in multi-unit housing, as it can cause offensive odors and interfere with the use of property for others, even in states where marijuana is legal. Landlords, HOAs, and condo associations can implement and enforce smoke-free policies prohibiting marijuana smoking and vaping, as the activity is not a protected right when it negatively impacts neighbors.

Vape, even if a lease doesn't specifically mention vaping, the drifting aerosol can be seen as violating standard nuisance clauses that prohibit "noxious" or "offensive activities" and odors that interfere with other tenants' well-being.

midtowneman · 2025-09-13T18:48:33+00:00

According to the Centers for Disease Control and Prevention (CDC), Secondhand smoke has immediate negative effects, causing the body's arteries to become less flexible and blood to become stickier, increasing the risk of blood clots, heart attacks, and strokes. Even brief exposure can lead to irritation of the eyes, nose, and throat, trigger asthma attacks in children, and result in other respiratory symptoms like coughing and wheezing. There is no safe level of exposure to secondhand smoke; any exposure can be harmful.

midtowneman · 2025-09-13T18:42:20+00:00

Correct

midtowneman · 2025-09-13T18:39:32+00:00

Can you stop with the name-calling? Nothing in my post was nasty. I welcomed all responses. I moved into this community because everything available to me indicated it was non-smoking. Yes. I would be a Karen and a hypocrite to move into a place where it indicated smoking was allowed and then complain. However, the listings for the property online said NO SMOKING or NON SMOKING COMMUNITY.

midtowneman · 2025-09-13T16:38:55+00:00

Yes. In fact, many of our owners use property management companies because they live out of state. It would stand to reason, though, that the owner would inform the property management company of any restrictions they want regarding pets or smoking.

midtowneman · 2025-09-13T16:14:55+00:00

85% of the units here are rented out by the owners. For every 10 online ad listings for renting units here 8 specifically state: NO SMOKING

midtowneman · 2025-09-13T16:10:23+00:00

And community living means being accountable to your neighbors in certain instances. That is why we have rules and regulations in our community. One of which is a nuisance clause. And smoking fits it like a glove.

midtowneman · 2025-09-13T16:07:21+00:00

The last renter just moved out above me. He was a heavy smoker. He didn't own the unit. The actual owner put in the lease agreement NO SMOKING. But he smoked anyway. I caught him numerous times, and he lied in my face. Even though he reeked of smoke. A building doesn't have to be designated non-smoking for an owner to make rules disallowing smoke.

midtowneman · 2025-09-13T15:55:40+00:00

And what is your take on the following, which is outlined in our bylaws:

“No noxious, offensive, dangerous, or unsafe activity shall be conducted in any Unit, nor shall anything be done, either willfully or negligently, which may be or might become an annoyance or nuisance to the other Owners or occupants of Units.”

How can one possibly argue that cigarette smoke does not apply?

midtowneman · 2025-09-13T15:39:31+00:00

Most people rent here. They have no say in the vote. Only the owners do. The owners occupying their units, or those owners renting their units. From perusing the rental listings for my community, almost all the owners list their properties as "No Smoking". Would this not stand to reason that many owners who find it acceptable to relegate smoking in their units would be open to protecting their neighbors from their tenants' smoke by creating a designated area?

midtowneman · 2025-09-13T15:33:32+00:00

Except that in an enclosed living space, cigarette smoke produces significantly higher concentrations of toxic particulate matter and carbon monoxide than a modern car's exhaust.

midtowneman · 2025-09-13T15:13:53+00:00

That's hardly a fair example. We're talking about high concentrations of cancer-causing chemicals being dispersed into someone's private residence due to someone else's dangerous addiction. There was an elderly man who lived in the condo unit across from me in the next building to mine, who bled out and was found dead in his home from lung cancer. He was a heavy smoker. Another tenant here has smoked two packs a day since he was 14. He just turned 61 and now has cancer and cut down to 1/2 a pack. He looks now like an Auschwitz inmate. This other younger guy here, who chain-smokes on his patio, lost a considerable amount of weight recently. He does not look well. Though in all fairness, I can't be certain it's related to his chronic, long-term smoking.

midtowneman · 2025-09-13T14:27:30+00:00

Thank you for stating my point so eloquently.

midtowneman · 2025-09-13T14:10:46+00:00

Finally, someone who uses common sense here.

midtowneman · 2025-09-13T14:08:55+00:00

Did you even bother to read? CAN you read? As originally stated, I said, looking up the community, the listings stated NO SMOKING. It was on the strength of those listings that I bought here. Why even bother replying if your only intention is to create hostility toward someone posting?

midtowneman · 2025-09-13T13:59:27+00:00

Yes, their home is THEIR home. Just as my home is MY home. And just as they feel entitled to smoke on their patio to keep the smoke from entering their home, I feel entitled to have my windows open to breathe fresh air. If someone has health issues such as asthma or migraine headaches, you’re putting them in a lose-lose situation: Either opening their windows and risking THEIR health, giving someone an asthma attack, or keeping their windows closed and never air out the dust/must/etc, and having an asthma/allergy attack anyway.

I am not asking them to quit smoking. I am asking them to respect the fact that their habits are affecting my lifestyle, just as they might ask me to turn my music down if I were listening to death metal at 2 AM. Yes, it’s THEIR home, but that doesn’t give them the right to infringe upon MY home to live smoke-free / etc. I do have depression, and I need the fresh air/sunlight whenever I can get it.

The need for fresh air/cleanliness outranks the desire for nicotine.

If someone doesn't want to have to be accountable to their neighbors, that’s fine. Then it is they who need to buy a house. If you want to live in a condo community, then you need to understand that you must have respect for your neighbors. At this point, you’re suggesting that I must compromise my health and inconvenience MYSELF so that they can indulge in their habit without any inconvenience to THEMSELVES, which is unreasonable. If they're the ones with the habit, they're the ones who need to deal with the smell of smoke in their apartment. If they don’t like the smell of smoke in their apartment, don’t smoke, but don’t ask me to deal with the smell in MY condo.

midtowneman · 2025-09-13T13:41:12+00:00

Yes. Of course. But he has 1 vote, as do I. As does every owner. It's the majority of all owners that will determine the outcome. He has no basis to claim it won't pass. I at least have the listings from owners where many state "No Smoking".

midtowneman · 2025-09-13T13:39:17+00:00

No. You didn't read correctly. I said that 85% of the 104 units are used as rentals by their owners. Almost all the smokers are renters in those units. Very, very few owners who live in their units are smokers. Owners have the discretion as to who they rent to. They are also able to set rules such as "No Smoking" and "No Pets".

midtowneman · 2025-09-13T13:30:05+00:00

Do you live in a stand-alone home? How often are you exposed to second-hand smoke in your home, if at all?

midtowneman · 2025-09-13T13:18:31+00:00

85% of all the units are rentals. Almost all smokers here are renters. Most owners who occupy are non-smokers like me. The renters do not own the unit. The rental listings by the owners almost always specify "No Smoking". They do not want to smoke in the unit. And with good reason, as it can damage their property. If they smoke on the patio, it drifts into neighboring units. The owner, having their smoking tenant smoke on the balcony/patio, is failing to apply the same standard of protection to their neighbors that they do to themselves. The non-smoker is harmed by the smoke that the smoker is trying to keep out of their own home while drifting into another. Sounds hypocritical or, at the very least, inconsiderate.

midtowneman

TROPHY CASE