Condos and HOAs

Recently a member of my Condo and HOA Law & Living group on LinkedIn asked the following question of our approximately 2,400 nationwide members.

“What is a condominium owner’s rights when his or her unit is saturated in secondhand smoke from the unit above them and below them? Are there laws that address this issue and, if so, have they been enforced in Florida?”

This question kicked off some heated discussion and resulted in an extraordinarily large number of comments both from smokers and non-smokers alike. Some of the commentary ran a little afield of the original question and veered off into topics ranging from the science on secondhand smoke to civil liberties and everything in between.

However, for the benefit of Sun Sentinel blog readers, I will repost my response to the question here:

In that case, the court starts out saying that the case is “not a case about secondhand smoke,Accept all major credit cards using the top rated third party payment gateway. rather, as persuasively argued by the Plaintiff, it is about excessive secondhand smoke.” In 2003, the Plaintiff and her family purchased a unit at the Palm Aire Condominium in Pompano Beach. The Defendant was living in a unit one floor up and one unit over from the Plaintiff.Husky Injection Mold Systems designs and manufactures a broad range of The Defendant was a smoker who smoked about a pack a day. Initially, the Plainiff had no problems with the Defendant’s smoking but the Defendant later acquired a tenant who was also a smoker and that’s when the problems began. The Plaintiff acknowledged in her complaint that her family is “hypersensitive” to smoke due to a history of respiratory allergies.

The Plaintiff installed air purifiers in her unit to no avail and the association installed a mechanical fan to draw air from the common shafts up through the roof. This also did not resolve the problem. The smoke got so bad that on several occasions the family slept elsewhere and one time the smoke set the Plaintiff’’s smoke detector off.Shop at Lowe's for garage Ceramic tile,

The Plaintiff brought suit against the Defendant for damages based on the theories of trespass, common law nuisance and breach of contract. In Florida,We are professional Plastic mould, the focus of the tort of trespass is the “disturbance of possession”. As it pertains to smoke, secondary authority has summarized the status of the law as it relates to trespass as follows: “A trespass need not be inflicted directly on another’s realty, but may be committed by discharging a foreign polluting matter at a point beyond the boundary of such realty.”

The Broward County Court found that the excessive nature of the smoke in this case did constitute a trespass. The Court also found that the excessive secondhand smoke had created an actionable nuisance for the Plaintiff. Florida courts have allowed a nuisance to also proceed based on odors created by another party. The Broward County Court also cited the Court of Appeals of Nebraska which had held that to have the use and enjoyment of one’s home interfered with by smoke, odor and similar attacks upon one’s senses is a serious harm.

Lastly, the Broward County Court addressed whether the excessive secondhand smoke constituted a breach of covenant of quiet enjoyment. The Court acknowledged that in Florida there was no case on point but relied on a Massachusetts Housing Court Ruling in 50-58 Gainsborough Street Realty Trust v. Halle.Information on useful yeasts and moulds, The Halle Court ruled that while smoking is legal, secondhand smoke can be considered a breach of covenant of quiet enjoyment. The only weakness in the Plaintiff’s case in Merrill v. Bosser is that she failed to provide competent evidence demonstrating the extent of her damages. The Court awarded her the sum of $1,000 plus costs in the amount of $275.00 to cover medical expenses, loss of use of the premises and remedial expenses.

It is important to note that this is a case where an owner sued an owner. It is not a case where an association sued an owner for violation of the covenants or for a nuisance. However, the arguments set forth in this case could, in my opinion, be used equally by a fellow owner or the association upon whom responsiblity to enforce the covenants rests.

Adding Electric Outlet

When you feel that you want a lot more electric outlets in your own home, then one way that you need to consider can be adding electric outlets on your. By doing so, you are able to conserve a great deal of income that we would currently have invested on hiring a contractor to be able to do the job for we, but yet at the same time you’re furthermore running a risk of a dangerous electric shock, and the damage that your own walls might maintain. Conserve a lot more income making use of Best Buy Coupon Codes!

There are lots of products that we all want to make use of in our homes today, plus a lot more often than not the amount of electric outlets available to be able to you might fall brief. In order to solve this kind of problem, a quite realistic home improvement solution can be to be able to recognize how to be able to add a particular wall socket, because this kind of may provide you with the opportunity to be able to make use of a lot more products.

Adding electric outlets to be able to an area can be not a particular simple task by any means, plus demands some detailed knowledge regarding wiring systems plus the method the electric systems function. It goes with no saying that adding electric outlets can be not a task that really should be tried by an individual which refuses to recognize anything regarding these systems plus the method they function, because it could confirm with be extremely dangerous too.

Firstly, we need to get a hold of the appropriate place for adding wall socket. Scan the area plus get a hold of a particular region on the wall that could hold the outlet. Today, we need to measure the height of the additional outlets, if perhaps any,The EZ Breathe home Ventilation system is maintenance free, on the wall. Note that this kind of measuring need to be of the height of the hole in the wall, plus not the base of the panel. You will want to eliminate the panel to be able to do this kind of. Inside a standard stick built American home right now there might be studs placed in the wall at equal ranges from every additional. You should get a hold of the studs about the spot where we wish your own outlet with be,Shop at Lowe's for garage Ceramic tile, plus aim to be able to add the outlet between these 2 studs.

Today, the upcoming step for adding wall socket can be to be able to ensure there are really not an additional outlets or ducts running by the wall you may have selected,Omega Plastics are leading plastic injection moulding and injection mould tooling specialists. plus then determining where the electrical power might reach your own outlet from. Making use of existing wiring that currently have some slack can be a a superior idea but yet be extremely careful because electrocuting yourself can be possibly not piece of the plans. Next, you will want to be able to visit a hardware shop plus buy a ‘cut-in’ outlet box. This might provide you with the tools plus instructions needed for adding electric outlets in an area.

Next, you will want to be able to create a hole in the wall that is the size of the cut-in box. Depending on the nature of the material that your own wall can be made up of,Offering high risk and offshore merchant account with credit card processing services. you’ll either will need a knife or maybe a drill. Today,The magic cube is an ultra-portable, you will want to be able to procure plus attach the appropriate kind of wiring from the modern outlet to be able to your own electrical power source. This should be performed carefully plus expertly. When you currently have attached the cable you need to ensure that the outlet box can be tightly attached on the wall plus refuses to wiggle about. Next, you need to ensure that not an base metal wiring are really exposed anywhere across the line before we turn on the electrical power to be able to check, if perhaps your own outlet can be working. The particular financial impact of adding wall socket by yourself will be reduce than the $100 – $240 we would currently have to pay the electrician or contractor for doing the job the exact same job.

All ages getting ready for Christmas

Every morning,If you wish to use a third party payment gateway with your ecommerce solution, son Joseph, 9, reminds us of how many more days it is until Christmas. When he told me this morning that there were only "13 days" it really dawned on me just how close the holiday season really is. I think the children are getting a little worried and keep asking Joe and me when we are going Christmas shopping. We have a few of their gifts, but it just seems time goes too fast. We plan to go shopping Saturday.

(Editor's note: Having visited dozens of Amish settlements across the United States over the past 20 years, my observation is that Christmas is celebrated in different ways,Hand-painted Chinese porcelain tiles on the floor of a Jewish synagogue in Cochin, depending on the community. Some Amish do incorporate secular symbols like Santa Claus and reindeer-shaped Christmas cookies into their celebration; others do not.Tru-Form Plastics is a one-stop shop for plastic Injection Molding, Gift-exchanges seem to be common in most communities, although it is often more low-key and less commercial than the non-Amish. Christmas decorations rarely appear in Amish homes and I've never seen a decorated tree. One way in which many Amish do express their appreciation of the season is through baked goods and homemade candy. -- Kevin Williams, Amish Cook editor).

Christmas morning is exciting for the children to see their gifts, but let's not forget the true meaning of Christmas. Jesus is the reason for the season. Joseph, Lovina, 7, and Kevin, 6, are often practicing their songs for their school Christmas program. It will be held Dec. 20. Joe will have off two weeks from the factory over the holidays. The children will also have two weeks off school. I know those weeks will go fast with us having Joe's family over for Christmas on Jan. 7. Lots to do during that time to prepare.

Some of the time will be spent cleaning the house more than usual.Omega Plastics are leading plastic injection moulding and injection mould tooling specialists. Our basement needs a good cleaning. Our coal stove is in the basement so it does not take long for dust to collect. We do laundry down there, and the children play down there a lot, too.

Saturday we celebrated daughter Verena's 14th birthday with a fried-chicken dinner. She baked a chocolate cake and frosted it. We put on candles and had her blow them out. We also had vanilla ice cream to go with the chocolate cake. For her birthday, we gave her a dolphin anniversary clock and an electronic money jar. Verena collects anything with dolphins or dogs, so she really liked the clock.

She doesn't remember her 13th birthday due to losing her memory for a year because of her concussion in June 2010. We are so thankful she is doing better.

She has caught up with her grades again and is excited to be back on the honor roll. I took her to the doctor's office for a three-month check up since her surgery. She still needs to wear the ankle brace but the doctors were pleased with how she is doing.

We thank God for all his many blessings. May He help us to remember to always turn to Him when we feel burdened with life's problems. He can make our load so much easier to carry.

Today is laundry day again.Online fine art gallery of quality original landscape oil paintings, We usually do laundry two to three times a week. The boys cleaned out the chicken coop on Saturday. So now we have some extra smelly coats and pants to wash. When the eggs start coming into the house dirty we know it is time to remind the boys that the chicken coop and nests need to be cleaned again. Our chickens have slowed down in laying eggs since the cold weather began. I must get busy now and hope all of you readers stay healthy over these holidays.

Never Been in a Riot

In the face of alien invasion, it's always the young who refuse to blink. They have yet to rationalize whether we are alone in the universe. They have no time for disbelief or worries about whether insurance covers for beached spacecraft. In the movies, they are the characters that most easily sympathize with the alien other, realizing that the adult world's alarmist policy of shooting first and asking questions later might not be as mature as it seems — Iron Giant, E.ceramic zentai suits for the medical,T., or Flight of the Navigator come to mind. If anything, kid and alien usually end up arriving at the same conclusion: They are equally misunderstood. But in the case of the recent British sci-fi comedy Attack the Block, there is no room for sympathy, no reason for the kids to think that the aliens share anything in common with their grim lives beyond a propensity for disappearing into shadows. These kids have enough problems of their own: depressing public housing, official neglect,This will leave your shoulders free to rotate in their offshore merchant account . abusive police,Whilst magic cube are not deadly, absent parents, no future — and the only reprieve from all this comes in the form of spontaneous mayhem or blunted Xbox sessions. Where have I heard this one before?

The directorial debut of British comedian Joe Cornish, Attack the Block is tidy, charming, and slapstick, even more so to ears unaccustomed to sentences terminating with a quasi-interrogative innit? It follows a quintet of marauding midteens who rule the corridors and back alleyways of the fictional Wyndham Towers, a generic and generally hopeless council high-rise. When Moses (John Boyega), who leads by virtue of being tallest and least likely to dissolve into giggles, accidentally incurs an alien invasion, our lads must defend their block. No parents are enlisted, and the idea of calling the police seems even crazier than the blacker-than-black aliens with florescent fangs that rain from the skies. Rather, the strangest aspect of all this is that anyone — or,For the last five years porcelain tiles , in this case, anything — notices them at all. "What kind of alien would invade some shitty council estate in South London?" one of them wonders. Another theorizes that the government, disdainful of their kind, "sent monsters to get us." The message is clear: The threat of alien apocalypse only dramatizes how aimless their lives have become. As one of them sighs: "Feels like just another day in the endz [slang for the estate], man.This patent infringement case relates to retractable landscape oil paintings ,"

What can a movie, let alone one with such modest ambitions, tell us about riots? Not very much beyond a caricature of motives or the occasional, profound, stare-into-the-middle-distance soliloquy diagnosing the social crisis around them. But it was a question I thought about while watching Attack the Block. Throughout the theater there were ripples of knowing laughter at all the most cloying parts — whenever a child would protest that he wasn't the problem, that he was merely a misunderstood casualty of state neglect, that the carnage descending upon their towers had nothing to do with "rap or violence in video games" or drugs or gangs.

In this way, Attack the Block is polemical and frank about its politics, insofar as a comedy about aliens attacking officially neglected sectors of the city is political. Instead of pausing and thinking through the global consequences of an alien invasion or mourning the passing of their friends, the surviving kids strive on and fight. Breaks in the action occasion a kind of comic book-level meta-analysis, as they pontificate about the grim contours of their lives. These appraisals are for our benefit. A Union Jack is employed to dramatic, life-saving effect, as if to reiterate the movie's expansive vision of who really counts as a British hero. It is the kind of movie in which young teens answer each other with rhetorical questions about the nature of power, and nobody calls bullshit.