Cleaning, Repairs Second hand smoke with neighbors below

[imthird]

I hope this is the right category:

My neighbor below lives in our complex in the house attached to mine.

In the last year, they have begun smoking and then trying to erase the smoke using chemicals which aggravate my asthma.

I recently hired an attorney and they sent a letter to my complex association and the neighbor below me.

Their most recent response to my attorney is they are NOT living there and have not lived there for the last 5 months!

I had to have the fire department out 3 weeks ago because I was having trouble breathing.

My question is, how can I prove that someone is living there without hiring a private detective?

Any advice is greatly appreciated....

David

 

[army judge]

I hope this is the right category:

My neighbor below lives in our complex in the house attached to mine.

In the last year, they have begun smoking and then trying to erase the smoke using chemicals which aggravate my asthma.

I recently hired an attorney and they sent a letter to my complex association and the neighbor below me.

Their most recent response to my attorney is they are NOT living there and have not lived there for the last 5 months!

I had to have the fire department out 3 weeks ago because I was having trouble breathing.

My question is, how can I prove that someone is living there without hiring a private detective?

Any advice is greatly appreciated....

David

You can't.

Proof is evidence admitted at trial before a court of law.

Anything else is innuendo or inference.

 

[Betty3]

Are you saying the "complex assoc." is saying "they" have not lived there for 5 mos.? Maybe "they" are no longer living there but someone else is? It's unusal that you believe someone is living there but you "apparently" never see them. (just smell smoke/chemicals) - or do you see them? Does anyone else ever see anyone living there? Did your lawyer have any further suggestions?

 

[imthird]

Hi Betty3, Army Judge.

I see them from time to time and hear them on a regular basis so I know they are there at least some of the time. They told the associations attorney they have not lived there in 5 months!
I believe these people (Neighbors) to be lying to my association and trying to pull a fast one. I only need prove they live there by some means that my attorney and the association attorney
will see for themselves...

Thank you for responding...

 

[Proserpina]

Does the complex actually prohibit smoking in a dwelling?

PA does not have a law against smoking in a private dwelling - so even if you had some sort of proof (which honestly is nigh on impossible to gather - one really easy excuse could be that the neighbors are merely burning sage or incense) what do you want the HOA to do?

 

[imthird]

Prosperina,

My attorney found a law that this is definitely against the home owners association because it affects the health. In many cases you may not find a law that covers this issue.

I am hoping the HOA will stop this neighbor from smoking in their house and also refrain from harmful chemicals. When the police were called recently, the fire department
was also dispatched to investigate as it was tough to breathe.

 

[Proserpina]

Let me try again.

There is no law saying that HOA must ban smokers.

They can choose to. But they certainly don't have to.

And I sense that if you had an attorney who is telling you what you want to hear, you wouldn't be here would you?

 

[cbg]

They said they have not lived there for five months. Did they say they have not BEEN there for five months?

 

[army judge]

OP, they aren't required to say anything in response to your intrusive questions.

The same goes for you, if they were intruding into your life.

But, whatever they say (or have said) isn't required to be factual, truthful, or even responsive.

They are NOT under oath, nor are they in a court of law.

Beyond that, no individual is required to disclose (as a matter of law) who resides (or visits) in their home.

You are waging a useless fight.

What right do you have to interrogate or otherwise query them?

What legal authority gives you or your attorney the legal right to demand they even answer or respond truthfully to you?

 

[Betty3]

Is there another house you can move into - I know that isn't what you want to do.