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Subject: short term rental guests disturbing owners
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TerriL2
(California)

Posts:7


07/18/2021 7:01 PM  
Some short term rental guests are disturbing next door owner with pot smoke. Board says there is nothing that can be done, since pot is legal. Owner is out of state.

The question is whether this activity on a porch that can be seen by passersby and neighbors is considered public space, which would then make it illegal to be smoking.
MaxB4


Posts:1351


07/18/2021 7:06 PM  
Posted By TerriL2 on 07/18/2021 7:01 PM
Some short term rental guests are disturbing next door owner with pot smoke. Board says there is nothing that can be done, since pot is legal. Owner is out of state.

The question is whether this activity on a porch that can be seen by passersby and neighbors is considered public space, which would then make it illegal to be smoking.



Call the cops.
SheliaH
(Indiana)

Posts:4221


07/18/2021 7:15 PM  
you could try to talk to the tenants - maybe they can move to another part of the house, close the window or get one of those ashtrays that absorb the smoke? Otherwise, your beef is with the owner - he or she maybe out of state, but are still responsible for the behavior of his/her tenants, whether they rent for 6 days or 6 years.

As far as the legal stuff goes, i don't think legal weed means you can light up in a public place, but this is private property, so you may have to talk to the cops or a private attorney. Or a dispensary - maybe the staff has suggestions on how to address this
You may also be able to go after them if your community has some sort of rule against nuisances, but they maybe gone by the time all that happens.

KerryL1
(California)

Posts:8599


07/18/2021 7:16 PM  
Say, Terri, do your rules or CC&Rs forbid smoking (of any kind) on porches? Is your HOA detached homes?

You might have a CC&R against noxious odors coming form others' homes. Taks a look.

Not sure, but don't think the legality part will be a factor.
MarshallT
(New York)

Posts:162


07/19/2021 6:19 AM  
Hello Terri,

It doesn't sound like there is much that can be done from a legal perspective, however the board may be able to act based on a nuisance or noxious odor complaint.

These issues are always tricky to navigate, but it might be worth trying to have a discussion with the short-term guests to see if a compromise can be reached.
JohnC46
(South Carolina)

Posts:11514


07/19/2021 6:36 AM  
Party pooper......LOL
TerriL2
(California)

Posts:7


07/19/2021 7:03 AM  
The owner with asthma is the party pooper? or the short term rental guests?
AugustinD


Posts:1675


07/19/2021 7:38 AM  
Posted By TerriL2 on 07/18/2021 7:01 PM
Some short term rental guests are disturbing next door owner with pot smoke. Board says there is nothing that can be done, since pot is legal. Owner is out of state.

The question is whether this activity on a porch that can be seen by passersby and neighbors is considered public space, which would then make it illegal to be smoking.
TerriL2, these scenarios (of objectionable secondhand smoke, cigs or weed) are arising a lot nationwide the last 15 years or so at condos. More and more the victims of secondhand smoke are prevailing. If the victim here, who is suffering from secondhand smoke, is not on the board, then in my experience her or his best recourse is to consult an attorney. There is a decent chance that the attorney can either force the board to take some action or explain why under the covenants and state law why the victim is out of luck.

Also depending on one's location, there are state and city agencies that might help at no charge and also offer some free legal advice. You should google on this for California.
LetA
(Nevada)

Posts:1425


07/19/2021 12:16 PM  
I would like to believe there is some strong support on Davis Sterling on wafting pot smoke went it comes to duplex, condo and townhouse configurations in regards to pot smoke. I'm finding annoyers have more rights than the ones being annoyed.

Since these a short term rentals, I would shotgun my complaints. I would complain to your local city ordnances, code enforcement, the property owner, the companies renting the properties like airbnb. If neither get your attention, you last bit of effort is to hold the property owner accountable by enforcing the CC&R's by suing them.
KerryL1
(California)

Posts:8599


07/19/2021 12:42 PM  
Say, Terri, do your rules or CC&Rs forbid smoking (of any kind) on porches? Is your HOA detached homes?

You might have a CC&R against noxious odors coming form others' homes. Taks a look.
TerriL2
(California)

Posts:7


07/19/2021 2:04 PM  
Posted By KerryL1 on 07/19/2021 12:42 PM
Say, Terri, do your rules or CC&Rs forbid smoking (of any kind) on porches? Is your HOA detached homes?

You might have a CC&R against noxious odors coming form others' homes. Taks a look.




Rules do not prohibit smoking; 'disturbance' covers things like noise, car noise, pets, etc.

We have buildings; this building is a 2-story (4) unit building. There is probably 20'? between this building and the next.
KerryL1
(California)

Posts:8599


07/19/2021 2:23 PM  
Well, we can hope the temp tenant is gone now.

it sounds like the nuisance clause in your CC&Rs can't help your HOA make rules against smoking on porches (for example) since it only refers to noise. d you're sure there's no CC&R against "noxious odors." So, you still might ask the Board to consider a rule against noxious odds leaving units and bothering others. See if the HOA attorney thinks it would fly.

TerriL2
(California)

Posts:7


07/20/2021 8:15 AM  
Thanks for the ideas going forward. Appreciate it.
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