HELP- Neighbor smokes!!!

http://realestateqa.blogs.nytimes.com/2008/10/03/second-hand-smoke-from-a-co-op-neighbor/?scp=2&sq=neighbor%20smokes%20apartment&st=cse
Second-Hand Smoke From a Co-op Neighbor
By Jay Romano
Our co-op has several shareholders who smoke in their apartments. The second-hand smoke bothers tenants in adjacent apartments. What recourse does a co-op have if a shareholder who is a smoker annoys others?

Stuart M. Saft, a Manhattan lawyer who is the chairman of the Council of New York Cooperatives and Condominiums, said that under a co-op’s proprietary lease, the co-op has a duty to provide all shareholders with quiet enjoyment of their apartments. “And every shareholder is precluded from allowing noise or odors from emanating from their apartment,” he said.

“This does not mean that the co-op board is obligated to make apartments or buildings smoke free,” he said. At the same time, however, the board cannot ignore the situation.

At present, the law requires the board to take reasonable steps to ameliorate the problem. This could include attempting to get a resident to smoke in rooms that are not adjacent to the complaining shareholder and to clean the air-ventilation filters and seal holes between apartments, like electrical outlets and light switches, which may enable the smoke to leave one apartment and travel to another. He said the board could also place a smoke absorption device in the smokers’ apartments.

“Nevertheless, if there are numerous complaints about the smoking and the smoker refuses to curtail the activity, the board could always terminate the smoker’s proprietary lease due to the smoker’s objectionable conduct, which would be subject to the board’s business judgment,” Mr. Saft said.

thanks for this info. i should have specified, im the owner of this condo unit. im assuming my neighbor is an owner as well since its a new building and they just moved in.

thx for all responses

We had a similar problem in a condo. Condo bylaws usually have similar provisions. The condo can fine the unit owner.

We had the same problem in two apartments, in a newer building in BPC the smoke came through the vent in the bathroom so I covered it up. In our current pre-war apartment it comes through the spaces around steam pipes which I closed up with an insulating spray foam that most hardware stores carry.

you can close your vent with a metallic vent cover which you can easily take on and off at your convenience. also, this is important, make sure any gaps around electrical outlets are properly sealed. also, any gaps between the floors and the walls should be sealed. you can buy a removeable insulating gray putty type material from any hardware store for around $7 (it is usually used to insulate your windows in the winter from cold, but it works just as well for insulating against odors.) this is non-permanent so you can remove it when you want. also, buy those plastic socket covers for like 50 cents each and put them into any electrical outlets your not using. i also have the kenmore air purifier. hope this helps.

thanks everyone this helps a lot. 1 problem is the we have central air in the apt. so our main vents heat and cool the apt. ill have to check with the condo bylaws