Smoking Cigarettes Next Door To My Condo, What Rights Do I Have As Co Owner In Bkk?

[nycboy57]

Do we have any rights here as co owners since this smoke I am allergic to. The committee refused to have us discuss it last Saturday and the letters and emails to Juristic manager about the agent who is renting out this next door condo is refusing to discuss it with us.

What can we do other than sell or rent it out? Are their any legal rights for co owners to protect their health from second hand smoke from owners that do not live here and rent to anyone regardless of the situation they are causing?

Does anyone have experience with this? or have an Attorney we can pay to talk to about our legal rights as Co owners?

Thanks in advance for any help in this matter.

[PattayaParent]

In your other post you say that the Committee are all absentee owners?

Get a fire extinguisher and when you smell smoke use it.

[MegaRanter]

Close your windows.

[theoldgit]

As another non-smoker who doesn't like second hand smoke, though I am not particularly allergic to it, I can sympathise with your plight but I reckon you will be on a hiding to nothing trying to get the smokers next door showing you some consideration.

I doubt very much if you could ban your neighbours from smoking in their condo or indeed the owner would consider not renting to a smoker, it's not against the law so why should they?

I seem to remember reading a couple of years ago that there was talk about banning smoking on condo balconies, but you know as well as me that it's highly unlikely to be put into law, even if it was there would be a zero chance of it being enforced.

I think Pattaya Parents idea of the fire extinguisher is probably your only option, you could claim you suspected a fire, but that would be a one off option and I doubt if it would be well received.

[trogers]

What kind of layout is the condo unit that you have bought to have air flow and sound transmission coming into your unit from next door so easily? Or did you even study carefully the unit layout before buying it?

[seekingfriends]

in sydney there was a court case over just this topic it made the tv and the papers .it was in a local court. the party who smoked were told not to smoke on the balcony when there neighbours were home . i believe that they were retired couple who were heavy smokers .james hat yai sydney

.james hat yai sydney

[MikeyIdea]

OP, you are not going to get anywhere and if you really do have to get anywhere with this then get out of the condo

Don't even think of trying to make a smoking condo a non-smoking condo, waste of time. YOU should have checked the rules before you moved in...

There are condos out there that have non-smoking clauses, move to one

Edited March 24, 2011 by MikeyIdea

[Spoonman]

OP, you are allergic to secondhand smoke, what does this actually incur allergy wise ?

[maprao]

Move to California where smoking in condos is banned in your own condo. Only kidding.

Rent the apartment out and then use income to rent a house where you will not bothered by other people

[trogers]

Move to California where smoking in condos is banned in your own condo. Only kidding.

Rent the apartment out and then use income to rent a house where you will not bothered by other people

Sure? There are some people with urns of fermenting fish in their backyards...lol

[Furbie]

There an amusing “neighbor war” thread somewhere on TV which has a similar theme. Someone sued their neighbor for cooking smells and the neighbor was forced to relocate their kitchen or something similar. I think it started from a smoking issue, the neighbor then got sued for that. Look it up.

[cardholder]

in sydney there was a court case over just this topic it made the tv and the papers .it was in a local court. the party who smoked were told not to smoke on the balcony when there neighbours were home . i believe that they were retired couple who were heavy smokers .james hat yai sydney

.james hat yai sydney

Thailand is not Australia.

[dave111223]

The committee refused to have us discuss it last Saturday

What happened? Did you go to the committee meeting and said "i'd like to talking about smoke pollution next door" and they flatly said "No" to your face?

How are your committee meeting setup? Ours are pretty informal, it's just in the condo office with the committee members sitting around on couches. If someone wanted to come in and air a grievance they'd be heard out (i can't even imagine any of the Thai's on the committee actually standing up and saying "I refuse to listen to you") Is your building quite different from this?

Edited March 24, 2011 by dave111223

[seekingfriends]

in sydney there was a court case over just this topic it made the tv and the papers .it was in a local court. the party who smoked were told not to smoke on the balcony when there neighbours were home . i believe that they were retired couple who were heavy smokers .james hat yai sydney

.james hat yai sydney

Thailand is not Australia.

thanks super . i could work that out for myself. i was only saying that people have been taken to court for causing people to suffer by there smoking . i thailand he has more chance of meeting the man in the moon than getting something done in a thai condo . its not new york or sydney where there is rules about what happens in condos its called the strata title act look it up on yahoo .again thank you super . james sydney hat yai .

[kpmsprtd]

OP, if you are allergic to cigarette smoke, what in the world are you doing living in Bangkok, a city with myriad forms of air pollution? I wish you the best of luck sorting your situation, but it really does seem like you might be better off here in California. On an anonymous suggestion board at the call center workplace recently someone posted: "Don't make non-smokers sit next to smokers." Well, I'm not a smoker, but that sentiment disturbed me. I thought, "Why go halfway? Go all the way. Take those dirty smokers and brand big red X's on their foreheads."

I am not at all suggesting that you are in any way equivalent to that anonymous poster. But I am pointing out that if it's an anti-smoking mentality you need, it's an anti-smoking mentality we've got here in California.

Disclaimer: Please don't misread my defense of smokers as altruism. It's purely self interest. I know that after they've taken care of the smokers, they'll be coming after the farters next...

[cardholder]

in sydney there was a court case over just this topic it made the tv and the papers .it was in a local court. the party who smoked were told not to smoke on the balcony when there neighbours were home . i believe that they were retired couple who were heavy smokers .james hat yai sydney

.james hat yai sydney

Thailand is not Australia.

thanks super . i could work that out for myself. i was only saying that people have been taken to court for causing people to suffer by there smoking . i thailand he has more chance of meeting the man in the moon than getting something done in a thai condo . its not new york or sydney where there is rules about what happens in condos its called the strata title act look it up on yahoo .again thank you super . james sydney hat yai .

mai bpen rai James - now I know that you understand the difference :jap:

[ESB7]

Lets ban someone smoking on their own property..............wow, big brother marches on............would you want to ban cooking chiilies if the smell came to your condo, where does the madness stop.

[dave111223]

It also may be worth noting this topic:

Where a man in Thailand was banned from smoking in his own home by the police after complaints by a neighbor were filed.

[HeavyDrinker]

So lets get this straight. You're whining about a bit of cigarette smoke while living in one of the most polluted cities in Asia.

The sad thing is that Thailand is so eager to look sophisticated to the West that idiotic laws like licensing hours for alcohol sales and no smoking in open air places like parks and outside public buildings are exactly the sort of thing they love to push through while utterly ignoring real issues like carbon emissions and out of control teenagers killing each other willy-nilly.

This is why people like the OP should be ridiculed and shouted down. Most of us like it here because it's not a nanny state like the US or the UK...yet, but if too many of these idiots carry on whining about nothing much then soon we'll have more of these nonsense laws forced upon us here too.

OP, if you can't handle a bit of cigarette smoke then move. It's that easy, but please stop trying to force your fascistic ideals on to others.

Edited March 24, 2011 by HeavyDrinker

[yermanee]

Lets ban someone smoking on their own property..............wow, big brother marches on............would you want to ban cooking chiilies if the smell came to your condo, where does the madness stop.

Here :

Yermanee

Edited March 24, 2011 by yermanee

[H2oDunc]

As much as second hand smoke may be annoying I have never heard of anyone being allergic to it ?

me thinks its just a slight exaggeration of your displeasure ?

I also fail to see how this smoke permeates your house / room ?

The chances of you getting the people to stop are negligible So I would move.

By the sound of it California seems the ideal place for you

[MikeyIdea]

It also may be worth noting this topic:

http://www.thaivisa....d-from-smoking/

Where a man in Thailand was banned from smoking in his own home by the police after complaints by a neighbor were filed.

The police have no right to ban someone from smoking in his own home, they only have juristiction in criminal matters. This is civil law.

A court can ban. Who banned?

[dave111223]

It also may be worth noting this topic:

http://www.thaivisa....d-from-smoking/

Where a man in Thailand was banned from smoking in his own home by the police after complaints by a neighbor were filed.

The police have no right to ban someone from smoking in his own home, they only have juristiction in criminal matters. This is civil law.

A court can ban. Who banned?

According to the other topic here's what happened:

She complained to him and asked him to stop smoking. He refused. She then complained to the police. Said police came to his home and asked him to stop smoking. He refused.

FiL was then taken to the police station and made to sign some papers preventing him from smoking on his own premises.

At a later date another complaint was made by the neighbour. FiL was arrested and taken before a judge. The judge ruled the smoke from FiL's house was affecting the health of the babies in the house next door and ordered the FiL to stop or be jailed.

[MikeyIdea]

It also may be worth noting this topic:

http://www.thaivisa....d-from-smoking/

Where a man in Thailand was banned from smoking in his own home by the police after complaints by a neighbor were filed.

The police have no right to ban someone from smoking in his own home, they only have juristiction in criminal matters. This is civil law.

A court can ban. Who banned?

According to the other topic here's what happened:

She complained to him and asked him to stop smoking. He refused. She then complained to the police. Said police came to his home and asked him to stop smoking. He refused.

FiL was then taken to the police station and made to sign some papers preventing him from smoking on his own premises.

At a later date another complaint was made by the neighbour. FiL was arrested and taken before a judge. The judge ruled the smoke from FiL's house was affecting the health of the babies in the house next door and ordered the FiL to stop or be jailed.

The police did not arrest anyone because the law doesn't support them doing it here in Thailand or anywhere else in the world. FIL can ONLY be arrested by the police if he has committed a criminal offence or if a warrant for his arrest is issued. Anything else and the FIL was stupid to sign anything and the police should have lost his job. Standard civil law

The judge can rule what he wants

[PattayaParent]

It also may be worth noting this topic:

http://www.thaivisa....d-from-smoking/

Where a man in Thailand was banned from smoking in his own home by the police after complaints by a neighbor were filed.

The police have no right to ban someone from smoking in his own home, they only have juristiction in criminal matters. This is civil law.

A court can ban. Who banned?

According to the other topic here's what happened:

She complained to him and asked him to stop smoking. He refused. She then complained to the police. Said police came to his home and asked him to stop smoking. He refused.

FiL was then taken to the police station and made to sign some papers preventing him from smoking on his own premises.

At a later date another complaint was made by the neighbour. FiL was arrested and taken before a judge. The judge ruled the smoke from FiL's house was affecting the health of the babies in the house next door and ordered the FiL to stop or be jailed.

OP just needs to adopt some babies then.

[PattayaParent]

The police did not arrest anyone because the law doesn't support them doing it here in Thailand or anywhere else in the world. FIL can ONLY be arrested by the police if he has committed a criminal offence or if a warrant for his arrest is issued. Anything else and the FIL was stupid to sign anything and the police should have lost his job. Standard civil law

The judge can rule what he wants

And not doing what the judge rules is called contempt of court which IS a criminal offence.

[MikeyIdea]

The police did not arrest anyone because the law doesn't support them doing it here in Thailand or anywhere else in the world. FIL can ONLY be arrested by the police if he has committed a criminal offence or if a warrant for his arrest is issued. Anything else and the FIL was stupid to sign anything and the police should have lost his job. Standard civil law

The judge can rule what he wants

And not doing what the judge rules is called contempt of court which IS a criminal offence.

Yepp, the judge rules

The police can act also in civil matters, after the judge has had his say

[johnnyk]

I don't like smoke either.

But its their right to smoke within their own private space whether rented or owned. Its not my right to dictate what people do in their private space. Listen carefully, they might be having sex, too.

This sounds like a really immature whinge to me.

[dave111223]

I don't like smoke either.

But its their right to smoke within their own private space whether rented or owned. Its not my right to dictate what people do in their private space. Listen carefully, they might be having sex, too.

This sounds like a really immature whinge to me.

Suppose they start mixing and burning toxic chemicals (such as Ammonia, Benzine, Mercury, Acetone, Tar etc..) in their "own private space" next door to you; and the toxic chemicals are drifting into your "own private space"? Still not a problem?

[Finlaco]

if ur inconsiderate neighbours are smoking on their balcony, move ur fan onto urs and set at full power in their direction -- should quickly get the message