Smelling Up Our Yard

[RickertT]

What is the name of your state? CA

We live in a condo complex that was not designed for washer and dryers. The person above us installed a dryer in their bedroom, which is right above ours and have vented it out the wall - right above our back yard. Every time they run the dryer (which is a lot), a waft of smelly detergent perfume fills our whole back yard and even comes into our unit, if we have the back door open, which we usually do. In the summer we enjoy eating out on the patio. However, we cannot do this when there is hot stinking air flowing down on you accompanied by specks of floating dryer lint (I do NOT want to be breathing in dryer lint, even when I'm not trying to eat).

The vent is right above our patio cover, so it's really pointed directly down on our patio. There's even a buildup of lint collecting up on the patio cover.

This is such a strange problem, there's nothing specifically outlawing this in the HOA docs, nor is there a local building code prohibiting a dryer vent there (unfortunately. I checked). However, it is really disturbing our ability to enjoy our backyard and even disturbing us inside our unit. The dryer is also noisy. We've tried to discuss this issue with them a couple times. They did soundproof the dryer some but the smell is really bad and they aren't willing to change anything else. Personally I don't think a dryer should be allowed in their bedroom, above ours. The big problem for us is that the two people upstairs are 2 of the 3 board members of the HOA!!! They seem to also be avoiding any meetings that might see them voted out of power and most of the other residents don't seem to care.

Ideas? Optimally, we want them to remove the dryer completely. It's noisy, smelly and interferes with the enjoyment of our property, inside and out.

[HomeGuru]

Originally Posted by RickertT

What is the name of your state? CA

We live in a condo complex that was not designed for washer and dryers. The person above us installed a dryer in their bedroom, which is right above ours and have vented it out the wall - right above our back yard. Every time they run the dryer (which is a lot), a waft of smelly detergent perfume fills our whole back yard and even comes into our unit, if we have the back door open, which we usually do. In the summer we enjoy eating out on the patio. However, we cannot do this when there is hot stinking air flowing down on you accompanied by specks of floating dryer lint (I do NOT want to be breathing in dryer lint, even when I'm not trying to eat).

The vent is right above our patio cover, so it's really pointed directly down on our patio. There's even a buildup of lint collecting up on the patio cover.

This is such a strange problem, there's nothing specifically outlawing this in the HOA docs, nor is there a local building code prohibiting a dryer vent there (unfortunately. I checked). However, it is really disturbing our ability to enjoy our backyard and even disturbing us inside our unit. The dryer is also noisy. We've tried to discuss this issue with them a couple times. They did soundproof the dryer some but the smell is really bad and they aren't willing to change anything else. Personally I don't think a dryer should be allowed in their bedroom, above ours. The big problem for us is that the two people upstairs are 2 of the 3 board members of the HOA!!! They seem to also be avoiding any meetings that might see them voted out of power and most of the other residents don't seem to care.

Ideas? Optimally, we want them to remove the dryer completely. It's noisy, smelly and interferes with the enjoyment of our property, inside and out.

**A: send a letter to the management co. and the HOA President. Did the unit owner get a permit from the HOA and the county to install the dryer? Most dryers need 220v. electrical and did they get permission to vent?

[RickertT]

Originally Posted by HomeGuru

**A: send a letter to the management co. and the HOA President. Did the unit owner get a permit from the HOA and the county to install the dryer? Most dryers need 220v. electrical and did they get permission to vent?

We don't have a management co. and the people with the dryer upstairs are a husband wife "team" that represent the HOA president and secretary/treasurer! The only other board member who doesn't live in that unit is the vice president. I've discussed with him and he agrees with my complaints, but he seems afraid to make waves by raising the issue.

Since the people upstairs are 2 of the 3 board members, (Pres and Sec/Treas.) I don't think they asked anyone about installing this vent, they just did it, figuring they were the majority portion of any board votes anyway... They've made several other "closet" decisions too in this same manner. They seem to just figure that since they are the majority of the board they can do whatever they want, claiming anything they do had board approval.

They did have a 220v line put in, but I called the city building inspectors dept and spoke with an inspector, and he said as long as the dryer was not gas (it's not) they haven't broken any building codes.

[seniorjudge]

De minimis non curat lex!

[You Are Guilty]

Go to Home Depot, buy some flexible dryer vent, attach one end to neighbor's exhaust vent, point other end at neighbor's window. Problem solved.

[Silverplum]

Originally Posted by seniorjudge

De minimis non curat lex!

Yeah. De minimis non curat lex!

[TheGeekess]

Originally Posted by You Are Guilty

Go to Home Depot, buy some flexible dryer vent, attach one end to neighbor's exhaust vent, point other end at neighbor's window. Problem solved.

I was going to suggest going to Costco's or Sam's and buy the biggest box of dryer fabric softening sheets available in a scent that is acceptable to OP and give it to the neighbors.

[LindaP777]

Originally Posted by seniorjudge

De minimis non curat lex!

Indeed!

I personally like the fresh smell of laundry detergent!
It could be worse! The neighbor could own a BIG dog with really fragrant omissions! Now that would stink!

OP, I think it's time for you to do one of two things;
1) move
2) get a hobby

[RickertT]

OP, I think it's time for you to do one of two things;
1) move
2) get a hobby

Move? I just bought the place. And I have plenty of hobbies thank you -- I think your comment says a lot more about you that it does me. I was here for some helpful advice, but apparently this forum is inundated with trolls -- showing they have nothing better to do than make shallow attempts at putting down other people. Too bad.

(However, LindaP777, at 1,931 posts, clocking in at a rate of ~2.2 posts/day for the last ~2.5 years of your life, I think we can safely guess as to what your hobby is. And I can honestly say, I have 1 million better things to do.)

Really -- back to the subject at hand -- this person upstairs washes up to 10 loads per week. We can hear the washer and dryer on constantly - outside, in or bedroom, in our living room... Almost every day its on, sometimes 2-3 loads a day.

And I'm sorry, the smell is horrid -- if there's people out there that love the smell of damp hot artificial lavender and cheap perfume, great (I know, there's a fetish for everthing), but I don't, and I don't enjoy having my entire yard and the inside of my entire condo unit reeking like this almost every single day of the week. Not to mention, the lint from their dryer collecting on our patio cover, leaving it for us to clean up. Seriously, you could probably knit a new shirt from the lint stuck up there and on adjacent fence.

Also, their dryer vent is just feet above where we have our bbq. Some of you on here, that seem to think this is such a non-issue -- how would you like to be bqq'ing on a nice summer weekend and suddenly have a blast of hot stench mixed with dryer lint & dust wafting on your head in into your food? Aaahhh!...now that's my idea of a nice afternoon. ;-)

I also think it's a bit ludicrous that some of you think this is a non-issue, as these people are violating our HOA rules concerning affecting other people's "quiet enjoyment of their own property" and have installed an external venting dryer vent above another owners yard without any type of board or architectural approval.

And all of this is absolutely okay, according to some of your standards on here?!?! -- and a post or two even insinuating that it's just me being too picky? Wow. Ignorance really knows no bounds.

(And since my first post, there are numerous other ways these two board members are violating not just the HOA rules but abusing their positions as board members and breaking CA state condo law. Example: the financial statement they finally sent out (a month late) was missing an entire month of budget, the numbers summing up the previous fiscal year didn't add up at all and their projected income for the coming year is LESS than what the HOA will receive in monthly dues! They've also been using an HOA storage/tool closet for personal use. I could go on, but you get the picture...)

[LindaP777]

yyyaaawwwnnnn . . .

[GatorLaw]

Common law tort of nuisance:

"Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbor interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance."

[url]http://en.wikipedia.org/wiki/Nuisance[/url]

However, whether you can convince a judge that a dryer vent rises to the level of a private nuisance is the next question, and that would vary significantly by judges.

[kliskie]

I posted something yesterday and also received a smartass reply. I thought this would be some intelligent people helping one another, but it's obviously a bunch of trollers with nothing better to do all day. Live and Learn!

Your situation is rough, and I would be pretty peeved!! If resolving the issue on your own with them, you are probably going to have to get a lawyer involved. I hope things get better!

[DoRight]

RickertT, sorry about the nonsense posts. Please ignore them. I think GatorLaw has a good solution for you and, yes, you'll need to make a claim of nuisance. The washer AND dryer interfers with the enjoyment of your home and I would think that the lint creates a health/breathing hazard.

There are many places where you can get legal advice for a small fee. Check out the internet and see what you find.

And, for what it's worth, I totally hear you about these Board members. They probably didn't start out to be unethical but I often see BODs slide into unethical territory ala using an Association shed for their own storage, improper financial that are a "little" off, etc. It's ugly to sort it out. Believe me, I sorted in out and, man, some people were pissed. Turned out that a BOD member who had been our Tresurer for four years in a row (apathetic membership/no other volunteers) was skimming from petty cash and paying himself for odd jobs.

Once I got on the Board, he lasted one year, then didn't run again. Moved a few years later. I never knew what happened to him until a week ago when I ran into him at a church function where I was visiting. Guess what he's doing? He is the house manager for their small theater productions. hahahhaha...dealing with the house receipts. I'd bet my car that he's skimming again..."100 tickets? Uh, no, we sold about 80"

I'm glad he's no longer our problem. Our BOD is now fair and consistent. Things run smoothly and folks are happy. Well, most of 'em. You might consider a position of the Board. It's rough going but you sound like you can bring something positive to your Association.

[neonguy528]

i am of the opinion that if the board will not do anything,your stuck.if it was me i would try and sell and move.there's an old saying**************.you can't fight city hall.because i'm sure you have tried somewhat on this one.good luck my man.