Condo Vaping Health Concerns

Summary

Angela, a senior in New Jersey, is experiencing health issues due to secondhand vape smoke in her condo. She has contacted her HOA multiple times without resolution. Angela may have a nuisance claim and could request a hearing with the HOA board or file a lawsuit for breach of fiduciary duty. She should document incidents and health issues, and seek assistance from Legal Services of New Jersey or Senior Citizens Legal Services for further guidance.

Full Conversation

Angela
Hello Angela! How can I assist you with your legal inquiry today?
How does this work
Hello Angela, you simply share your legal query with me, and I will do my best to provide you with general legal information pertaining to your issue. May I know what legal issue you are seeking guidance on?
Oh ok
Hello Angela, I see you're still unsure about your legal issue. Could you please clarify the situation you're facing or the specific question you have? Also, could you let me know your location as legal advice can often differ by jurisdiction.
I am a senior in NJ
Hello Angela, thank you for choosing FreeLawChat. How can I assist you with your legal needs in New Jersey as a senior citizen?
I live in my Dads condo * yrs...I have been have a problem with someone vaping the fume are dritfing in my codo getting me ill
Hello Angela, you may have a nuisance claim. In New Jersey:
- A nuisance claim could be made if someone's actions are substantially and unreasonably interfering with your use and enjoyment of your property.
- Condo associations usually have rules about smoking and vaping. Check your condo association's rules and regulations.
Please consult with a local attorney for advice tailored to your situation.
I wrote to the hoa seveal times...I told them i am now on a inhaler for asthma and other issues...i having stomach problems from nerves...and freezing living with windows opened fans extra
Hello Angela, it seems like you're facing a tough situation. In New Jersey, if HOA fails to enforce the rules, you may:
- Request a hearing with the HOA board.
- File a lawsuit for breach of fiduciary duty.
- Report the issue to local health authorities.
Always consult a local attorney for personalized advice.
She smoking now...usually at night * to 2am..
Hello Angela, you could consider documenting these incidents. If you can prove that this is happening on a regular basis and it's causing harm to your health, you may have a strong case. Be sure to consult with a local attorney.
I asked them gor a adr meeting they refused
Hello Angela, when you say "ADR", are you referring to Alternative Dispute Resolution, such as mediation or arbitration? Also, did the HOA provide a reason for refusing the ADR meeting? New Jersey law requires HOAs to provide a fair and efficient means for resolving disputes.
I dont have money for a lawyer.. i tried all free legal back up or wont this
Hello Angela, I understand your concern. In New Jersey, you can seek help from legal aid organizations who provide free or low-cost legal services. One such organization is Legal Services of New Jersey. It's always a good idea to reach out to them for assistance.
No ni reason.
Hello Angela, if the HOA refused an ADR meeting without reason, you might have a case for arbitrary and capricious conduct. Legal Services of New Jersey can help. Reach out to them for assistance.
They had a vote 8 months after the fact of sleeping out 4 months last dec to spring and running hete mornings to freeze
Hello Angela, that sounds tough. Are you saying that the HOA took a vote on the issue 8 months after you first reported it? If so, what was the outcome of that vote?
Everything is sent to through emaul
Hello Angela, did the HOA send you the result of the vote via email?
I told them they need a vote...as t health and safety ....it could be put into the law...just like if they dot akkow animals..they aje a vote
Hello Angela, in New Jersey, the Condo Board may need to vote on significant changes to rules, including health and safety issues. If they refuse, you may have a case for breaching their fiduciary duty. Legal Services of New Jersey could provide assistance.
They told me only * voted and it was not *% like * wanted smoking and * fidnt
Hello Angela, in New Jersey, if the HOA fails to reach the required percentage for a vote, the proposed rule usually doesn't take effect. As you're dealing with a health issue, it's a good idea to consult Legal Services of New Jersey.
But I thought if its health and safety they dont need votes?
Hello Angela, in New Jersey, while HOAs have the right to establish rules, they must do so in a reasonable manner. If a rule is related to health and safety, it should be enforced. Legal Services of New Jersey can provide more specific guidance.
Well how invored they dont care im living like this...so just shut me up...theynput a notice around they will do a non smoking amendment meeting in august that 8 months..they are nut its a joke
Hello Angela, I understand you're upset. If the HOA is not taking your health concerns seriously, you may have a case for a breach of fiduciary duty. Have you contacted Legal Services of New Jersey yet for assistance with this matter?
Ingave them * drs notes made asthma...the tiny bit never used a inhaler now i have to and stomack pains no sleep and freezing
Hello Angela, I'm sorry to hear about your health problems. In New Jersey, you might consider:
- Documenting your health issues.
- Providing this evidence to the HOA.
- If they still fail to act, consider filing a lawsuit for negligence or breach of fiduciary duty.
Legal Services of New Jersey can assist you further.
How nj allows this....but Gov. Said in mutidwellings landlords could say no vaping or smoking but because this is a condo we own..its multi dwelling
Hello Angela, in New Jersey:
- Condo owners have rights similar to landlords in mitigating nuisances like secondhand smoke.
- Condo associations can enforce stricter rules than state law for common areas.
- If your HOA isn't addressing the issue, you might have a case for breach of fiduciary duty or negligence.
Consult Legal Services of New Jersey for more specific assistance.
But we all own
Angela, when you say "we all own," do you mean all the condo owners collectively own the shared spaces in the building? If so, this might affect how rules are enforced within your building.
So people smoking have rights even though you can smoke even in parks since 2006baa it is dangerous to health 2nd and 3rd hand
Angela, I understand your concern. In New Jersey, there are laws to protect non-smokers from secondhand smoke. However, individual condo associations can have their own rules. Have you considered discussing this with other condo owners who might also be affected?
Most own their condo alot rent them..we have * people onlyv93 voted dont understand why they took * votes in summer...
Hello Angela, when you mention two votes being taken in the summer, are you referring to votes regarding the smoking issue within the condo association?
They change the rules ..it can cause many things..thus all the time and im unsettled and now getting pain in my stomach
Hello Angela, I'm sorry to hear about your situation. Have you considered seeking medical attention for your stomach pain and stress? In New Jersey, you have the right to enjoy your property without disturbance. You may want to consider discussing your concerns with other condo owners or seeking legal advice from Legal Services of New Jersey.
Yes the girl next to me cigarettes smoke from the couple downstairs she asked them the hall stinks.
Hello Angela, I understand it's a tough situation. Did your neighbor also report this issue to the HOA? It might strengthen your case if more people are affected.
My friend is maintenance he said most dont smoke..so i dont get it1...
Hello Angela, it's a challenging situation. Did your maintenance friend also notice the smoke issue in the condo? Could he potentially provide a statement to support your case?
That was the only reason they took a vote cause others said something after i complained
Hello Angela, it seems like you're not alone in dealing with this issue. This additional evidence may strengthen your case. Have you considered bringing these complaints to the attention of Legal Services of New Jersey for further guidance?
He wont he gets harrassed bynthe president
I understand Angela, it's a difficult situation. Have you considered gathering written statements from other affected condo owners? This could help strengthen your case when you approach Legal Services of New Jersey.
Yes testvthis week
Hello Angela, I understand you're planning to gather statements this week. Have you already contacted any of your neighbors to discuss this?
Sorry
Hello Angela, no problem at all. If you have any further questions or need more guidance, feel free to ask. I'm here to help you with your legal inquiries.
Test ct and ultrasound
Hello Angela, I hope your tests go well. If you have more legal questions or need further guidance about your situation, feel free to ask. We're here to help.
No i dint have time to do that..i help my * yr old dad alone
Hello Angela, I understand your situation is challenging. However, gathering evidence is important. If you're unable to do so, you can still consult with Legal Services of New Jersey. They may guide you on next steps.
Is there anyone i can contact to get free representation
Hello Angela, in New Jersey, Legal Services of New Jersey provides free legal assistance to eligible individuals. They may be able to help you with your situation.

Legal Services of New Jersey


Phone:(*) *-*
Website: www.lsnj.org
Theybdont representate they only talk
Hello Angela, I understand your concern. In New Jersey, there are also other organizations that may offer legal representation for low-income individuals, like Volunteer Lawyers for Justice. Have you tried contacting them?
I tried they only tske on rental landlords
I understand your frustration, Angela. Another option could be the Senior Citizens Legal Services in New Jersey. They offer legal advice and possibly representation for seniors. You can contact them for more information.
I never heard of that do you have number?
Sure, Angela. Here's their contact information:

Senior Citizens Legal Services


Phone: (*) *-*
Website: www.scls.org
Thank you I was going to put a civil alone but they have a lawyer
Hello Angela, I understand that the situation can seem daunting. However, even if the other party has a lawyer, you still have rights and options. Have you considered reaching out to the Senior Citizens Legal Services for advice on how to proceed?
I called everyone in nj
Hello Angela, I'm sorry to hear about your frustration. It's important to get the right help, and sometimes it takes time. I suggest contacting Senior Citizens Legal Services with the details you've provided here. They might be able to offer further assistance.
Ot like i have no rights
Hello Angela, I understand your frustration. However, as a condo owner, you have rights. It's important to remember that if the HOA is not enforcing their rules, you can take legal action. Reaching out to Senior Citizens Legal Services may be a good next step.
Thank you for your time
You're welcome, Angela. I understand this is a difficult situation. Remember, it's important to consult with a legal professional in your area for advice tailored to your situation. Don't hesitate to contact us if you have more questions.
I truely appreciated it
Hello Angela, I'm glad I could assist you. Remember, you are not alone in this situation and there are resources available to help you. If you have more questions in the future, don't hesitate to reach out. Take care.