Expert: Bruce E. Johnson - 9/15/2010

Question
I own a condo unit in a 8 flat condo dwelling. We have one unit that the smell geminating from there property is causing a huge problem for all of us. We have contacted the owner of the unit, but he has not done anything about his tenant. No one has ever seen any one from this unit take out the trash, or any other garbage.
The smell is now beginning to seek through the other units, what can be done to stop this problem.

Answer
Hi Clarence, I would probably call the city or county health department and complain.  Even the police or the city code enforcement can handle this complaint.  Also there are probably homeowners restrictions and covenants that cover this in your condo documents which can be used to put the owner "on notice" and then fine the owner so much per day until he complies with the homeowner's association rules.  This money may not be able to be collected right away but a lien can be filed so that before the owner can sell the property the association gets paid by the title company and be used to compensate the other owners for remediation work required to remove the smell.  This is a dangerous health hazard and should be treated as such.

If the smell is too great maybe somebody has died or is disabled mentally and needs medical attention.  Calling the police may be needed if this is the case or human services..I hope this information helps, please feel free to write again regarding this or other matters, sincerely bruce e johnson..bejohnsonconsulting.com