ANSWERS: 7
  • For starters mate, with the alcoholisim part, does she smash/ throw empty bottles in or on your property? If no, then I would say no danger. Does she yell abuse at you or anyone else when she is 'drunk', then you could say she is breaking the law by noise or a swearing problem. When she is pissed, does she threaten you or anyone else, or damage anyone else's property. If not, then what is the problem? She can smoke on her property. If she blows the smoke into your face delibrety, you can charge her with assault. I do not know where you live, like in a city or hick town. I would presume you live in a city, so you not only have your neighbours smoke smell to put up with, but what about the petrol and diesal fumes too, which you probably don't even notice you breath in. If ya so worried, about the smoke fumes and the neighbours drinking, sell up and move. If she is happy and you are not, move. To me, if ya do not want to see or put up with the smoke smell and a close neighbour on the piss, then move to the country, buy 10 acre's and you will have no problems with anyone. Don't bitch, you can change things, just MOVE. What happens if you move and there is a garlic proccessing firm near by, all ya can do is suffer in ya undies? Why should others have to comply with the way you are and reform to YOUR way of acceptable behaviour. Every person (law Abiding) has the right to do whatever within the law.
  • If she gets loud - call the police as often as possible. As far as smoking, not much you can do other than request to the board that they do annual smoke alarm checks. We have bad cooking smells coming from our neighbor. We put a large fan on our back patio that blows the bad smells back to them.
  • If she smokes and drinks that is a very real danger, falling asleep drunk with a cigarette burning, what is so hard to see about the danger in that? Smoke does stink and gives the nonsmoker cancer from secondhand smoke. My neighbors smoke out in their driveway next to my driveway and all their smoke blows over to the front door of my house and I can't even go outside, it drives me right back inside my house so how is this different than if they were to take a gun and point it at me and make me go back inside my house, it is the same thing. It makes me late for appointments because just when I am going to leave, they smoke and I have to go back inside til they are done. It interferes with the enjoyment of my property, so why do I have to pay all the property tax when I can only enjoy my property part of the time. If I had groceries in the car, I could not go out and get them, so the ice cream would melt while I stay inside and wait for them to get done with their cigarette break. If they think it smells so good, why don't they smoke inside their own house and stink it up? People are sick of smokers complaining about their rights when we are the ones who have no rights. Every time there is an outdoor event, they ruin it for us because they walk around smoking and getting it in everyone's face.
  • What if she falls asleep drunk with a cigarette, any danger there? We are sick of smokers stinking everything up with their smoke. It comes into adjoining apartments or condos and even from neighbors smoking in the driveway of their house and it blows over to my front door of my house and keeps me from being able to go outside, so why do I have to pay full property tax for property I can't enjoy?
  • As for calling the cops, good luck, our cops never come out, they tell us it will take them three days to come out, in a town two miles across, is that a joke or what, but that is exactly what they tell us, i have several friends who call them too and they tell them the same thing, the dirty rats, then they never enforce any laws except on certain people they decide to use the laws as a way of harassing certain people and not enforce the laws on anyone else, is it any wonder there are fires set, i think they are set by people who are sick of being singled out and made to obey laws that no one else hass to obey, and since firemen are in on the gangstalking, too, maybe it serves them right, too.
  • I don't think so. Smoking and drinking are not against the law. As long as she stays on her side of the property and doesn't cause any noise disturbances. You seem like a nosey neighbor, if you "know" she's an alcoholic.
  • I live in an attached multi story condo conplex in CA. Our board recently passed a restriction on smoking in all common areas and exclusive use common areas (balconies/patio's) due to the health hazards associated by second hand smoke. A number of residents attended board meetings and wrote letters and emailed the board and management company complaining of the second hand smoke entering our units and jeapordizing our health. It took a total of 6 months from the time we complained to the time the rule went into effect as the board meets infrequently and there was a waiting period required by civil code (in CA). In addition to having your HOA restrict smoking, you can also sue your neighbor under nuisance laws if the second hand smoke prevents you from enjoying your yard, patio, common area's etc. Sometimes, just having a letter sent by an attorney threatening legal action will be enough to get compliance from your neighbor, but be prepared to follow through with a restraining order if necessary. The problem I am now having is that the same board who passed the restrictions on smoking are not enforcing them and I have just hired an attorney to sue the HOA for non enforcement of the rules and regulations. If the real estate market were better and I were not disabled, I'd sell the condo and purchase a single family home with as much space around me as I could afford. (I just realized this question was posed almost 5 years ago. Hopefully this answer will assist someone else who is currently having a similar problem)

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