I’m doing some research on the smoking policies in Chicago condominium buildings. Here’s the situation. We live in a 38 unit condo. Each floor has two large decks that are each shared by three units. People tend to spend a lot of time out on the decks in the summer, eating, planting, grilling, etc. The issue is that people like to smoke on the decks as well. The decks are situated in the rear of the building, so if someone is smoking on their deck, the smoke travels up for all to smell. In addition, the smokes travels into our unit (and everyone else’s) through open back doors/windows.
While my husband and I are non-smokes, more than half of the other residents in our tier of the building are smokers. We’re on the 5th floor, so that means that the smoke from the eight smokers below us regularly travels up and right into our unit. We user to just consider it an annoyance, but now that we have a sweet little baby boy, we’re looking at it as a health issue for him. His bedroom window is in the rear, right in the flow of the smoke. Worse yet, the neighbor directly below us smokes a cigar every day. The other night our son woke up at 12:30 a.m. We went in to check on him and it smelled like someone was smoking in his room. So we asked our neighbor to come up and smell it. He agreed that the smell is strong and that he smokes on his back deck so his wife and kids don’t have to smell it, but basically it’s the only place for him to smoke and he’s not going to stop.
We usually end up closing the windows, but it’s not really a good solution. It’s an old building and there’s no central AC. Our window unit AC just doesn’t cut it, so we generally keep the windows open in the summer.
So I’m looking to all of you moms for advice and info on how your building handle smoking. I should say that the deck area is technically “common space.” Smoking is not allowed in other common areas (hallways, lobby, courtyard, etc) of the building, so it’s my feeling that it should not be allowed on the back decks. In addition, loud music is not allowed in the building our on the decks because it’s considered a nuisance. Isn’t smoking a nuisance at the least and a health issue to boot?
I want to be fair to the other residents, but I also need to protect my son. I could really use some feedback. Thanks.
Update:
Thanks for the feedback everyone. We've tried many of the suggestions (fans, air purifier, talking to neighbor) but none of the solutions seem to work. BTW, it was actually the board president who brought up the issue in the last board meeting. He too experiences the regular smoke out. I also did some research and it appears that since the deck is a common area it falls under the Chicago no-smoking laws. Having said that, as many of you suggested, I probably don't want to push the issue and cause a building-wide conflict. Well, fall will come soon and we'll close up those windows. If only we could afford a single-family home. Thanks again everyone.
You can put a fan in the window and reverse it so air gets pulled out of the room; no air will be blowing in and no chance of getting chilled. Hope it helps.
While I understand your concern for your son, smoking is not illegal and the other residents have every right to smoke on their own decks. If it bothers you and your husband so much, you may want to look into moving into a single family home. Good luck.
Listen, I am not a smoker but my husband is. Since he used to smoke in the house before we bought our condo and before our daughter cam along, he now smokes on the back porch. I do agree that the smell is aweful and is a health hazard. But, it is outside and it is a common area. With that said, I know fresh air with the windows open is nice, but wouldnt you rather just deal with the situation and close the windows and turn the AC on. Maybe buy a fan as well? You cant tell people how to live their life, and you did choose to live in a condo. I hate to sound harsh, but I would rather have your sons room a bit warmer, have him sleep in a onsie, and not smell the smoke at all!
I hope things get better!
I'm surprised that no one has mentioned (about the cigar smoke in particular) asking your neighbor if he wouldn't mind smoking at certain times (like not after your baby has gone to bed or during dinnertime when the baby isn't in his room). It isn't the best solution, but it shows that you respect his right (if he has one, depending on the status of the decks) to smoke, but that you can have your baby out of his room when the cigar is being smoked. We did this with neighbors who played a lot of loud music. We asked them to let us know what times they would plan on playing so that we could be in other parts of our apartment during those times.
I agree with the fan idea. While you are working out the problem on different fronts buy a large fan and put it blowing outward whichever direction the smoke is coming from. It's not going to be able to come into your baby's room at all that way. In the end, I doubt doing battle with the condo assoc. etc. is going to be that satisfying, and you will make alot of enemies. But there's no reason why you can't keep the smoke out of your kid's room while you figure out if you still want to live there, etc.
Not to sound too harsh, but it may just have to be that you close your windows.
Consider you options:
1. Move- not very realistic, and there are smokers basically anywhere you go and you'll probably encounter the same problems again and again. I live in a single family home, and still get wafts of smoke when all the windows are open; we point the fans out.
2. Go to the condo association with your problem- you're most likely just going to irritate every smoker there; consider: you want a good amount of fellow condo owners to make life style changes so that you don't have to close your windows? Seriously? You'll quickly make many enemies in your building. Remember- you still all live in the same place and you'll have to see these people. Even if you win your battle, you'll lose the civility. Is it worth it? Probably not.
3. Face your fans out, or close the windows. A small adjustment for you.
Are there front windows that you can open that are away from the smoking areas? I understand your frustration, but also that the smokers are at least smoking outside, in the open air. I don't know if there are a lot of families in your building, but consider also that the smokers (and non-smokers) of the building probably have to put up with some baby things that they may find annoying: if everyone's windows are open, they most likely hear when your baby cries or fusses, have to deal with stroller traffic in the hallways or back stairs, baby gear being moved in and out, etc.
Don't get me wrong, I hate the smell of smoke, especially around my little ones, but I also know that people put up with nuisances related to the activities and noises of my children too, so it's kind of a trade off :D
Hope that helps put it in perspective!
I feel very sorry for you and your little baby - I'm sure you don't want to incurr the expense of moving at this time - especially after having a baby, however, this may be your only option in the long run as it's unlikely you'll be able to change your neighbor's habits and if you go to the board and complain you may end up with very unfriendly neighbors. Having said all this, I moved from a condo into a house last year and we get our neighbors smoke smell in our window from across the yard - I am often amazed at how it reaches us from that far. Is there any way you can at least keep your baby's bedroom cool by installing a fan and keeping the window unit off? That's what I do with my little 3 month old as we don't often run the AC and I don't like to leave the window open at night. I only run the AC when the heat gets unbearable to save the environment and our bills.
Good luck!
K.
Im sure if it were financially possible for you to just go buy a single family home you would not be posting this. Do you have a condo board? We used to be in a condo building and issues such as yours were discussed in meetings. Dont know what would be done, but it would be a chance to voice your concern. It doesnt sound like you will get anywhere speaking directly with your neighbors. I thing the only think you can do for now is close the window and invest in a ceiling fan or fan tower.
Good Luck!
I'd move. You have a major fight on your hands and you will become 'that woman' in the building. People will not be nice to you, your husband, your child or your things. The city of Chicago is really hard to communicate with and they are very good at ignoring you. You in for a very, very long fight.
I worked with the city in the past on some gang issues (a guy was murdered on my front steps) and it was a 5 year battle. I look at the smoking issue as a much smaller issue, I can only imagine it would take 10 years or more.
This is exactly why we moved out of our condo and into a single family home. Condo living is shared living. You have to be able to cohabitate peacefully with many other families who may or may not give a damn about being respectful. I should know; I served on our building's board of directors.
The first thing you should do is look at your Association rules, by-laws, etc. Find out specifically what the policy is about the deck. Is it legally listed as a common area, a limited common area, or designated otherwise? What does the handbook have to say about smoking on the decks? If the decks are 'common elements' covered by a no-smoking policy then you have a right to complain to the board. You would need to formally put this in writing using one of the 'complaint forms' and may need to take pictures to document the offense. Typically on the first offense there is a warning and then fines on subsequent offenses. If the decks are considered 'limited common elements' and for exclusive use of the unit which it adjoins, then there may not be a rule about smoking. If this is the case, you're out of luck.
Although you may have a case on your hands and yes, smoke can be detrimental to the health of your child, you may be creating a bigger problem than what you want handle. Noise is considered a nuisance because it can interrupt you despite having doors and windows closed. If you can avoid the smoke by closing doors or windows, then the problem is solved. Sure it is a major inconvenience on your part but it is no longer a 'nuisance'.
You can always ask the offenders to refrain from smoking but if there is no rule that prohibits them from smoking then they don't have to stop smoking. You may also really annoy them in the process, causing them to smoke even more. And finally, if you really make them angry, if your baby is a loud crier or cries at all hours of the night and they can hear the noise in their condo, then they can report you for noise.
Here are the steps you can take:
#1. Consult your Association by-laws to find out the rules.
#2. Schedule an appointment with the building manager to voice your concerns. If you do not have a building manager, go to the board president.
#3. If you're not satisfied with either step 1 or 2, consult an attorney. Heck, you can even find out who the attorney is for your building (trust me, they have one...if they don't, move right away) and set up an appointment with him or her (this will not be free, btw).
That's terrible! I'd talk to building management about it. If smoking is not allowed in common spaces then it should be enforced and you shouldn't have to go through a major confrontation with your neighbors for that to happen. Maybe you can talk to some of the other non-smokers and see if they will put in a call to management as well. Good Luck.
Here are a few ideas for you to pick and choose from:
1. Send a polite letter to the board of your condo association telling them about your problem and asking if they have any suggestions regarding how to remedy the problem.
2. Discreetly ask an attorney who specializes in condo law if there is anything that can be done.
3. Keep the deck windows closed and use fans to circulate cool air from the other windows at night.
4. Hang on until winter when you can keep your windows closed, then move in the spring.
5. ABT electronics sells and installs a window air conditioner powerful enough to cool an entire condo. That's what we use.
Hi - are you guys renting or do you own? If you're renting, I hate to say this, but I would move. I would get out of that building asap if you have that option.
You are smart to be worried about the effects of the smoking. Likely no damage has been done to your baby, but I would try and get to a place with cleaner air as soon as possible. In the meantime, invest in an air purifier for his room, and maybe another one for the living room or wherever you spend the most time.
Good luck.
Move!!!! By the time the issue gets solved, your baby may have already suffered effects from second hand smoking. Newborns especially. Definitely look into buying a new condo. Something that is up to date and has central air and maybe even private balconies. Good Luck!
Unfortunately most buildings allow people to smoke outside. The deck is a space in most buildings where smoking is allowed. If there are no rules against it in your buildings rules and regulations, then you are stuck. A rule that involves no smoking on the decks in a huge condo building like yours will be next to impossible to pass. I know three people that moved because of neighbors smoke issues in condo buildings. Smoking is a right on a persons private property, noise is so much easier to fight in a building because most buildings have noise ordinances. We have a public deck and my son’s room faces it, but we keep our central air on and his windows shut. I recommend finding a small AC unit for his room and keep his windows shut at all times. The only other answer that I learned from others with the same problem is moving. I am really sorry and hope you find a way to make it work. Good Luck
Hi, K..
Unfortunately, I understand your problem. Have you considered some kind of sleeping arrangement whereby the baby sleeps in your room? As you probably know, secondhand smoke is a SIDS risk factor. (I am assuming that your bedroom is less smoky.) In any case, I would try to let him sleep wherever the air is the best.
Regarding the condo situation, you must choose your battles, for sure. It does sound like there are others there who are also concerned about the problem of smoke. I certainly agree with the others who say that you need to know what the rules are and that they should be enforced. There is much to be said for getting along with neighbors. However, the health of children should always come first. The dangers of second-hand smoke are well-known. Therefore, if your condo board should determine that you have made a reasonable effort to protect your baby from the smoke, but have been unsuccessful, you probably would have a strong case to have some rules either changed or enforced. Be prepared to tell your board what you are doing to improve the air quality for your baby.
Best wishes and good luck.
Amy
