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Investigate the structure of the building for spaces where air/smells
may be entering that should not, such as in light fixtures, through
attics, ventilation ducts, and poorly insulated walls. Foam that
hardens can be injected into openings and used to create, essentially,
a wall through which odors cannot seep. Many associations were
constructed many, many years ago. Regardless of the quality of the
materials and design at that time, ducts and vents may have
deteriorated or become clogged over time. If so, cleaning or upgrading
them may well be a necessary association expense. |
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Have the board visit the complaining neighbor when the smell is
present. If the odor is strong, have a professional check to see how it
is permeating. It could be, for instance, there is little to no
insulation between the Units. If so, add insulation. It could be vents
that use to work have fallen into disrepair. It could be that
renovations made to either unit have created new air space through
which the odors are traveling. Whatever the source, the board will have
to look at the documents to see who is responsible for any necessary
repairs or building upgrades. |
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If, the smell persists, set a meeting between the two neighbors. |
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Is this the smell occurring daily, week, infrequently? The neighbors
may set agreed upon times during which meals with strong spices or
smells may be cooked. |
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Require all owners to use kitchen fans while cooking. |
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Require that the kitchen fan vents are checked annually. |
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Also, it could be because of personal smell sensitivity. Is there an
owner on the other side? If so, has that owner complained? |
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How long have the neighbors been living there and how long have they
been cooking as they have? If they have cooked this way for years and
only now the person is complaining, then it is likely not a true
nuisance as at least one court has ruled. The trick is to take
reasonable steps to investigate and create a reasonable,
nondiscriminatory policy. |