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Can a family win a secondhand smoke lawsuit against a landlord?

Secondhand Smoke Lawsuit: Family Wins Judgement Against Landlord, Smoking Neighbors. An Orange County jury has found a homeowners association negligent for failing to resolve a secondhand smoke dispute between neighbors at a Trabuco Canyon condominium.

Is secondhand smoke a breach of homeowners association rules?

The homeowners association's rules did not address secondhand smoke, he said, but "we basically said what you're doing, though it is not specifically called out in the CC & Rs, is in fact a breach." The association's rules state, in part: "Section 9.03 -- Nuisance.

Do non-smokers have a right to'quiet enjoyment'of their own condo?

After a five-week trial, Superior Court jurors last week awarded a family more than $15,000, finding the condo association and management failed to ensure the non-smoking family's right to the "quiet enjoyment" of their own unit. The verdict comes amid a growing trend in California.

Who is the lawyer for the Chaunceys?

The Chaunceys’ lawyer, Scott Bonesteel, said in an interview that because of the smoke, the family had to move out of its condo and rent a unit elsewhere. Bonesteel said the jury found that the homeowners association and management company were liable for breach of contract and negligence. The homeowners association’s rules did not address ...

Where did the Chaunceys smoke?

The Chaunceys alleged that the neighbors and their visitors smoked “incessantly” on their patio next to the family’s condo and adjoining sidewalks in front of their home, with the “constant infiltration and presence of secondhand smoke” entering their condo through windows and a sliding-glass door.

Can non smokers smoke in multiunits?

Non-smokers are complaining to homeowners associations, filing lawsuits and appealing to city councils to try to stop tobacco smoke from infiltrating their apartments and condominiums. A bill is pending in the state Legislature that would ban smoking in multiunit residences.

Is second hand smoke a contaminant?

The California Air Resources Board also identified secondhand smoke as a “toxic air contaminant, ” the suit said. A bill filed by California Assemblyman Marc Levine, a San Rafael Democrat, would eliminate smoking in condominiums, duplexes and apartments.

Did Bonesteel testify about asthma?

Bonesteel said the family doctor testified there were continuous problems involving his asthma. Czajkowskyj said he considered the award “a very nominal amount.”. “To me, that suggests the jury did not accept the severity of the damages, particularly the emotional distress,” he said.

Did the homeowners association ban smoking in the pool?

Attorney Cyril Czajkowskyj, who represented the homeowners association and the management company, said the association did curtail smoking in some areas, including the swimming pool and tot lot, but he said the family never directly complained to the association about the neighbors’ smoking on its patio — a statement that Bonesteel disputed.