Smoking Issues at condo with Neighbor above us?? Please help with what I should and should not do?

Issue has occurred over last 2 mo.
My neighbor above us wanted us to stop smoking on the balcony outside our condo we rent. We stopped smoking on the balcony when the HOA sent a letter about her issue as well as the Rules & Regulations for this condo building. It only states smoking will be an issue if someone dislikes it (smells go to their unit). Now she is still bugging us and I am sure she is bothering the HOA/Board. She is telling me to keep all my windows shut and to stop smoking inside. We have respected her wish to stop smoking on the balcony and we are not blowing smoke out the windows but can she get us to stop doing something in our own home? I told her to leave me alone or I would call the police. Lastly, my next-door neighbors smoke and the neighbors below me (she is a board m
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Answers (1)

Shawn B Alexander

Shawn B Alexander

Contributor Level 8
The authoritity of the Association will deterimine how much of a penalty can be assessed against your landlord, and if your rental agreement states the fines may be passed on to you.
The standard of care for a private nuisance is that the upstairs neighbor has the burden of proof to show it is your smoking that is the sole cause of her complaint.
Good Luck
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