I’m trying to help a friend with a big problem with one of her neighbors.

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  • tbhausen

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    I have a dear friend that lives in a nice condo complex on the west side of Indy. About a year and a half ago a problem began to develop with her neighbor in the attached condo next door. My friend has several autoimmune diseases due to exposure to farm chemicals as a child. Life is difficult for her, even under the best of circumstances.

    Her neighbor is a heavy pot smoker; almost nightly (usually between about 3 and 5 AM). She’s in some sort of a relationship with a wealthy sugar daddy who seems to supply her all the weed (and anything else) she needs, as long as her door is open for him to stop by and get whatever he needs from her whenever he needs it.

    I’m not sure where it’s getting in, but the odor of the weed is so strong that my friend can’t sleep, and often has to leave to spend nights at her daughter’s house, because it bothers her respiration so badly. She’s resorted to turning off her furnace and air conditioner at times because it seems to come in through the ducts faster when those are running. She’s even gotten up and opened all the doors and windows in the middle of the night to try to get through ‘til the morning. It’s so hard on her that she’s considering putting in a whole-house roof ventilation fan, even though the covenants prohibit it (more on the HOA board there in a bit).

    When she’s exposed to it, she usually has nausea and dizziness in the morning for two hours or more the day after. Her unit is a two-story. Stairs and dizziness aren’t a good combination. She’s not exactly a spring chicken. I’m fearful she’s going to fall and hurt herself.

    She contacted her HOA board about it, and the board’s attorney has been sending letters to her since last Fall, but nothing has come of them. It certainly hasn’t stopped her from continuing to smoke.

    She called the nonemergency police number, but they told her they can’t do anything unless they actually see her neighbor smoking. That won’t happen. She keeps it indoors.

    This is a very serious health and quality of life issue for her. She would be happy to live and let live if everything stayed inside and didn’t bother her, but the relationship between her and her neighbor has deteriorated because her neighbor is unwilling to make any lifestyle changes (or do anything else) to stop it from wafting next door.

    I feel the same way, live and let live, but in this case, I think it’s an extremely cruel and selfish act on her neighbor’s part that this problem is still going on a year and a half later. She’s tried to address the issue by reasonable means.

    Have any of you been in a similar situation? Does anyone have any thoughts on how to move toward a resolution? Her daughter lives in the same complex and doesn’t want to move, and her daughter helps take care of her, so moving isn’t really a viable option.
     
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    tbhausen

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    For the police officers (and perhaps the attorneys) here, the odor of marijuana is sufficient probable cause to search a vehicle. If the police came over and smelled it, couldn’t they just knock on the door and talk to her? What she’s doing is still illegal here in the state of Indiana, at least for now.
     

    MCgrease08

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    Moving is always an option, and seems like a drastic, but effective thing to consider in this case. If it's truly effecting her as significantly as you say, it may come down to that.

    You also didn't mention whether she's knocked on the neighbors door and talked to her about it by explaining what she's dealing with. Perhaps the personal connection would be enough to convince the neighbor to stop. Maybe not, but worth a shot.
     

    Flingarrows

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    My daughter and son in law had the same thing in an apartment, and landlord and police were unresponsive.

    Both were in the military at the time and subject to random drug testing.

    They had to move unfortunately. That’s a bad situation, and an inconsiderate neighbor.
     

    tbhausen

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    Moving is always an option, and seems like a drastic, but effective thing to consider in this case. If it's truly effecting her as significantly as you say, it may come down to that.

    You also didn't mention whether she's knocked on the neighbors door and talked to her about it by explaining what she's dealing with. Perhaps the personal connection would be enough to convince the neighbor to stop. Maybe not, but worth a shot.
    She and her daughter would both have to move together, and her daughter wants to stay put.

    I should’ve mentioned that. Yes, she has spoken to her face-to-face about it numerous times. Her neighbor won’t talk to her at all now.
     

    Destro

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    For the police officers (and perhaps the attorneys) here, the odor of marijuana is sufficient probable cause to search a vehicle. If the police came over and smelled it, couldn’t they just knock on the door and talk to her? What she’s doing is still illegal here in the state of Indiana, at least for now.
    Marijuana in small amounts is defacto legalized in Marion County since about 2019?
     

    Hoosierdood

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    Couple things to start off...

    1. I live in a townhouse Condo community.
    2. I am on the board of our HOA.

    I am firmly of the opinion of "live and let live", but I also know that in that kind of unique neighborhood, by-laws are created for the purpose of preventing one person's "live and let live" from negatively affecting their neighbors.

    First, you need to gain access to the Association by-laws. You need to know what her rights are, and what the expectations are of the owners. You also need to know what the by-laws say about owners' recourse in the event of by-laws being violated.

    Second, once you know what the by-laws say, you need to contact the board and/or their lawyer. If an owner of a unit is in violation of the by-laws and they have failed to uphold their duty to stop the behavior, they need to called out on it. Usually, a board can levy fines to an owner after they have been notified of a violation and still fail to make proper correction.

    Third, your friend may need to consult/hire a lawyer of her own. Even if the only thing they do is send certified letter to the HOA board that they are in violation of their own by-laws. I can tell you that nothing lights a fire under a HOA board faster than a letter from a lawyer.
     

    BigRed

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    I have a dear friend that lives in a nice condo complex on the west side of Indy. About a year and a half ago a problem began to develop with her neighbor in the attached condo next door. My friend has several autoimmune diseases due to exposure to farm chemicals as a child. Life is difficult for her, even under the best of circumstances.

    Her neighbor is a heavy pot smoker; almost nightly (usually between about 3 and 5 AM). She’s in some sort of a relationship with a wealthy sugar daddy who seems to supply her all the weed (and anything else) she needs, as long as her door is open for him to stop by and get whatever he needs from her whenever he needs it.

    I’m not sure where it’s getting in, but the odor of the weed is so strong that my friend can’t sleep, and often has to leave to spend nights at her daughter’s house, because it bothers her respiration so badly. She’s resorted to turning off her furnace and air conditioner at times because it seems to come in through the ducts faster when those are running. She’s even gotten up and opened all the doors and windows in the middle of the night to try to get through ‘til the morning. It’s so hard on her that she’s considering putting in a whole-house roof ventilation fan, even though the covenants prohibit it (more on the HOA board there in a bit).

    When she’s exposed to it, she usually has nausea and dizziness in the morning for two hours or more the day after. Her unit is a two-story. Stairs and dizziness aren’t a good combination. She’s not exactly a spring chicken. I’m fearful she’s going to fall and hurt herself.

    She contacted her HOA board about it, and the board’s attorney has been sending letters to her since last Fall, but nothing has come of them. It certainly hasn’t stopped her from continuing to smoke.

    She called the nonemergency police number, but they told her they can’t do anything unless they actually see her neighbor smoking. That won’t happen. She keeps it indoors.

    This is a very serious health and quality of life issue for her. She would be happy to live and let live if everything stayed inside and didn’t bother her, but the relationship between her and her neighbor has deteriorated because her neighbor is unwilling to make any lifestyle changes (or do anything else) to stop it from wafting next door.

    I feel the same way, live and let live, but in this case, I think it’s an extremely cruel and selfish act on her neighbor’s part that this problem is still going on a year and a half later. She’s tried to address the issue by reasonable means.

    Have any of you been in a similar situation? Does anyone have any thoughts on how to move toward a resolution? Her daughter lives in the same complex and doesn’t want to move, and her daughter helps take care of her, so moving isn’t really a viable option.


    Need access to a pen of hogs?
     

    GodFearinGunTotin

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    Not quite apples to apples here but I had a property line issue with a neighbor. We tried to resolve it amicably. But she decided to slow walk everything and it became apparent to me she was not going to work towards a solution. We had to hire a lawyer to force it.

    I like Hoosierdood’s response. Get the bylaws out and see what you and your neighbor’s contractual obligations and rights are. I have a feeling you’ll be calling a lawyer.
     

    two70

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    Call the police for a noise disturbance when she is smoking. Police show up, smell marijuana, probable cause.
    Assuming she's located in Marion Co., the Police will likely pass a vehicle or two while responding that reek of pot and be able to do little to nothing about it. I doubt a residence reeking of pot will illicit much more of a response if people can drive high with impunity.
     
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