enavigator
Member
What is the name of your state (only U.S. law)? New Jersey
Several months ago the condo association sent out a reminder of the Rules & Regulations to all owners and residents, stating the following (exactly as shown):
“no permanent outdoor furniture is permitted on the common elements. Chaise lounges, folding chairs and lawn chairs are NOT TO BE LEFT OUSIDE A UNIT OVERNIGHT.”
Several weeks ago, I asked my next door neighbor, who owns an end unit, if she would move the park bench she bought and placed in front of her unit so it wasn’t so close to my windows, because the cigarette smoke and noise from her visitors’ loitering was creating a problem for me. Because of the wind direction, the cigarette smoke is drawn into my unit and my condo smells if I open my window. I suggested she place the bench on the opposite side of her front door where she had no next door neighbor. She acknowledged that the bench was in violation of the rules and said she would take care of it. She has not kept her word and now says if she has to move it, then all residents with outdoor furniture must not be allowed to place it on the common elements. She doesn’t want to move it to the other side because she will then have to get up off the couch to see the bench from her living room window. Because of the wind direction, I believe she would have the same issue I do about the cigarette smoke if she moved it. At the same time, she told me to move it myself.
Since my neighbor is unwilling to compromise, and I wasn’t sure of the repercussions if I moved it myself, I asked the condo association to have her remove the bench. They wrote to me saying if they do as I ask, then they “would have to notify all residents to do the same, which is an unreasonable request.”
Any advice would be much appreciated.
Several months ago the condo association sent out a reminder of the Rules & Regulations to all owners and residents, stating the following (exactly as shown):
“no permanent outdoor furniture is permitted on the common elements. Chaise lounges, folding chairs and lawn chairs are NOT TO BE LEFT OUSIDE A UNIT OVERNIGHT.”
Several weeks ago, I asked my next door neighbor, who owns an end unit, if she would move the park bench she bought and placed in front of her unit so it wasn’t so close to my windows, because the cigarette smoke and noise from her visitors’ loitering was creating a problem for me. Because of the wind direction, the cigarette smoke is drawn into my unit and my condo smells if I open my window. I suggested she place the bench on the opposite side of her front door where she had no next door neighbor. She acknowledged that the bench was in violation of the rules and said she would take care of it. She has not kept her word and now says if she has to move it, then all residents with outdoor furniture must not be allowed to place it on the common elements. She doesn’t want to move it to the other side because she will then have to get up off the couch to see the bench from her living room window. Because of the wind direction, I believe she would have the same issue I do about the cigarette smoke if she moved it. At the same time, she told me to move it myself.
Since my neighbor is unwilling to compromise, and I wasn’t sure of the repercussions if I moved it myself, I asked the condo association to have her remove the bench. They wrote to me saying if they do as I ask, then they “would have to notify all residents to do the same, which is an unreasonable request.”
Any advice would be much appreciated.