Legal Question in Real Estate Law in Maryland

What can I do about obnoxious odors coming from other units in my Condo complex?

Every time my neighbor downstairs cooks food, the odor comes into my kitchen. The condo association has checked into the situation, and said that the odor is coming from the overhead range fan. The odor is so offensive that I cannot use my kitchen or living area. The smell even comes into the bedroom, preventing me from a peaceful nights sleep. I paid $175 to have my stove moved to make sure that there was no problem with my unit. I have been living with this for five years. I would like to have quiet enjoyment of my condo. Should I retain an attorney?


Asked on 12/09/02, 9:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: What can I do about obnoxious odors coming from other units in my Condo comp

I had a case similar to this--what you should do is file a complaint with the condo board and they should investigate. If there's merit to your complaint, they should schedule a hearing. Most condo bylaws have provisions regarding "disturbing your neighbors" and in the case in which I was involved this was construed to include noxious odors. There appears to be poor ventilation in your building. Perhaps the Board could have a contractor come in and see if the system is malfunctioning or could otherwise be improved.

Bear in mind there's a fine line between infringing on your neighbor's right of "quiet enjoyment" and your right to use your own property as you want.

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Answered on 12/10/02, 12:12 pm


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