Real Estate & Property Law

COOKING SMELLS, IS THERE RELIEF IN AN HOA OR CONDO?

I get all sorts of emails about problems in HOAs and Condos. Here is a difficult one:

"My problem is two-fold: 1. Hours upon hours of curry cooking by my upstairs neighbors. 2. When the downstairs unit turns on their kitchen exhaust fan the smell is concentrated inside the walls around the kitchen exhaust vent piping, which then enters my unit through my kitchen, laundry room and hall bathroom. (all these rooms share common walls around the ducting)

Is there any law that would help?"

This person believed there was a crack in the venting that is causing the smell to escape the pipes between the walls. The smell is very pervasive. The writer says: "My eyes burn, and the smell is linguring on my belongings, etc. To me this is air pollution and a nuisence. I can't open up the windows, because the outside air around my end unit is thick with the smell of curry. "

The writer believes that the heavy curry and grease combination is a fire hazard. The writer says that it is very difficult to get the smell out of the walls and rugs, or do anything about the cooking itself. (I wonder if they have tried to talk to the neighbor.)

The writer believes there is a need for a company that specializes in running a probe that detects leaks up through downstairs units kitchen vent piping and says that it would would probably mean going though the walls the unit to repair. A difficult problem and not that uncommon. It is similar to a smoking issue except that there are not studies that find second hand curry to be hazardous to the health. Some of the remedies would be similar, and there are websites that suggest how to block smells between units when there is a problem with cigarette smoke. You might search for smoking smell solutions or similar terms. The same measures might work for curry smells. There are companies that specialize in this sort of thing, right down to insulating outlets.

It is similar to noise issues but the remedies are different. Dealing with the issue with the neighbors is similar though, and communications might lead to some relief, if the people cooking with the curry are willing to talk. There are various ways to approach the neighbors and deal with the issues discussed in a Primer available on my website - the Enforcement Advanced E-4 Primer that deals with neighbor to neighbor issues. (See the webstore - $25.)

And it sounds like in this case that the association might get involved. The writer says that the association says if it finds nothing wrong with the venting system, it will charge the owner the costs of any investigation. That may not sound especially fair; however, the HOA may have taken that position feeling that the owner's claim that they believe there is a problem with the common area venting system is just an attempt to "pass the buck" to someone else to deal with this difficult situation.

If the owner cannot get resolution through taking reasonable measures to block the invading smells, he or she might have some luck pursuing a nuisance claim in small claims court. One can file for money damages for a nuisance. No guarantees though. The writer would have to convince the judge hearing the case that the curry use is overboard and a real nuisance. The most likely success would come if the owner can prove that the excessive cooking with curry is a danger (quoting studies or believable articles that the writer says are available), or is adversely affecting his or her health (such as the burning sensation in the eyes, note from the doctor, etc.). If the writer had sensitiviities or allergies, there might be some basis to file a claim based on adverse health issues. I would not start there, but one might end up there if the affect is really adverse to the health.

It sounds like there might be a problem with the venting system if it does not absorb the cooking smell to some degree. Maybe this is something the curry cookers might look into, if they were willing, i.e., a better stove exhaust system.

It's a tough one. I do not have an easy answer, but in the Primer I do discuss how to deal with difficult neighbor to neighbor issues. And how to determine when the Association should (or should not) get involved.

Anyone out there have any solutions or suggestions? Send me an email.

Full post as published by California Condo & HOA Law on February 02, 2010 (boomark / email).