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by JoshNJ
on Mon Aug 17, 2009 10:36 am |
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gilster wrote: Time to BOND with the residents that have complaints against them because of their barking dogs - there's strength in numbers.
Smoking and dog barking complaints go hand in hand....a dog owner that hates smoking will realize that your 'pursuit of happiness' is the same as theirs.
Also, I would take this opportunity to dog-sit the offending mutts in your home at every opportunity  Play with them on the balcony - teach them how to "Speak"
This tenant sounds like a professional whiner, she knows the channels in which to officially complain. She is a landlords nightmare, the sooner the landlord can get her out, the better for that landlord and the better for the neighbors.
This is also a great opportunity to have a party at your house with the others who have been called out by her---call it a "Whine and Cheese" get together!
Some retired/elderly citizens complain for attention or whatever bothers them because they have nothing better to do with their time. It's unfortunate and sad, but the situation here is this person lives alone and is perhaps bitter. At the same time, she truly believes that smoking is offensive and dangerous to her (whether it is true or not is not the point). Inflaming tensions will not fix the problem and might bring on more headaches and pain for both parties. It's unfair that this person moved in and is starting trouble with a longtime resident, and it's unfair she cannot enjoy the golden years of her life in comfort.
The California law is very clear as already stated here, anything offensive to the senses (who wrote this law) is deemed a nuisance. It would have been "sensible" to include a reasonableness clause in there, but this is California. In any case, the Elder Advocacy group has stated the truth and even if the landlord doesn't mind you smoking outside, it doesn't mean you can still do it now.
The only option I see to resolve this is to meet your neighbor and speak to her calmly about the problem. Maybe you can work out a compromise or understanding that leaves everyone happy again. That could be a long stretch, but their is nothing much else you can do otherwise. |
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JoshNJ
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by Cantiloper
on Mon Aug 17, 2009 11:00 am |
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Josh's post seems to make sense although I'm not familiar with the details of the law ('n ain't a lawyer anyways! LOL!) however, if the neighbor proves obnoxious/unreasonable/whatever, there MAY be other approaches. If the law is as vaguely worded as it seems then it's possible that even the merest hint of sound from a TV might fall under its rule. It's a rare apartment that won't transmit at least SOME sound from a TV or radio to the place next door. If the annoying neighbor discovered that they suddenly couldn't watch their TV or listen to their radio without headphones it might encourage them to either be more reasonable or to move.
And if you have generally good relations with the rest of your neighbors and they agree that this particular complainer is a nasty, there's nothing to prevent all of you from letting her know politely and publicly just what you think of her. Few people would want to continue living in a community of people in which they were seriously disliked.
Michael J. McFadden
Author of "Dissecting Antismokers' Brains" |
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Cantiloper
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by activist0000
on Mon Aug 17, 2009 3:04 pm |
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JoshNJ wrote: Some retired/elderly citizens complain for attention or whatever bothers them because they have nothing better to do with their time. It's unfortunate and sad, but the situation here is this person lives alone and is perhaps bitter. At the same time, she truly believes that smoking is offensive and dangerous to her (whether it is true or not is not the point). Inflaming tensions will not fix the problem and might bring on more headaches and pain for both parties. It's unfair that this person moved in and is starting trouble with a longtime resident, and it's unfair she cannot enjoy the golden years of her life in comfort.
You should pity this person because she is probably not able to plan or think ahead, and must instead consult a lawyer after she has already gotten herself into an unhappy situation. Her life will only get worse and more hopeless as she ages.
I still wouldn't be able to resist annoying the woman at every opportunity, just for entertainment. Your life is ruined, so you might as well make lemonade out of the lemon you've been handed. |
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activist0000
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by smallbird
on Mon Aug 17, 2009 10:54 pm |
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Learn how to cook Lutefisk! Yummy and stinky!  |
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smallbird
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by gilster
on Tue Aug 18, 2009 5:18 am |
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activist0000 wrote:
You should pity this person because she is probably not able to plan or think ahead, and must instead consult a lawyer after she has already gotten herself into an unhappy situation. Her life will only get worse and more hopeless as she ages.
I don't pity people like that, they are professional victims that want government retribution - the world is full of them.
If she is unable to plan or think ahead she should be in an assisted living apartment.  |
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gilster
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by CigarBoy
on Tue Aug 18, 2009 2:17 pm |
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First of all you should not live in a place that you cannot smoke inside. That was your first problem.
Living in a crazy place like CA is not good, whiners are encouraged out there becasue common sense is in short supply on America's left coast.
You need to tell the upstairs neighbor her problems with smoke are her problem, not yours and go live your life.
But you should get out of there and go to a home where you cna smoke anytime and anywhere you please. |
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CigarBoy
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by garhkal
on Tue Aug 18, 2009 5:43 pm |
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gilster wrote:
If she is unable to plan or think ahead she should be in an assisted living apartment.
Agreed. If she is that harmmed by stuff around her, perhaps living in a bubble is what she needs. |
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garhkal
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by runamok
on Thu Aug 20, 2009 9:20 pm |
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runamok
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by smallbird
on Fri Aug 21, 2009 12:41 am |
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Too bad you have to register to comment on this site! I'm wondering if the lawyer who wrote this article is representing the "plaintiff".
Thank goddess I don't live in California!
Smoke is NOT an allergen. SOME people have a sensativity to air pollution. Maybe that girl shouldn't live in California, the most air-polluted state in the union! IMHO |
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smallbird
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by garhkal
on Fri Aug 21, 2009 5:55 pm |
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smallbird wrote:
Thank goddess I don't live in California!
Smoke is NOT an allergen. SOME people have a sensativity to air pollution. Maybe that girl shouldn't live in California, the most air-polluted state in the union! IMHO
And to think, i might be going to cali for my final 2 years in the navy before i retire.. |
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garhkal
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