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I am a condo homeowner and I live right above a five car garage units. One of the cars in the garage smells of strong chemical and gas and the smell is coming up into my unit which as caused a lot of respiratory issues, I am asthmatic. Called HOA and they said they could not help me. They did send a notice out about people running their cars while in the garage BUT that is not the issue. I identify the car but not the owner and I have literally been sick this morning because the smells took over my unit Saturday night. Can anyone help me with this?
Mar 27, 2023
Litigation
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

There are several legal claims that could potentially be brought against the car owner and the HOA if your health is being affected. These may include: Nuisance: You could potentially bring a nuisance claim against the car owner, arguing that the strong odors are interfering with your ability to use and enjoy your property. The HOA could also potentially be liable for allowing the nuisance to continue if they were aware of the issue and did not take reasonable steps to address it. Breach of covenants: If there are provisions in the HOA covenants that prohibit or regulate noxious odors or air pollution, you could potentially bring a claim against the car owner and/or the HOA for breach of these provisions. Negligence: You could potentially argue that the car owner was negligent in allowing the strong odors to escape from their garage and that the HOA was negligent in failing to take steps to address the issue. Personal injury: If your respiratory issues and other health problems are directly linked to the strong odors, they could potentially bring a personal injury claim against the car owner and/or the HOA for damages. If you would like to speak to an attorney to discuss your case in more detail, please contact us at https://www.robinsonandhenry.com/locations.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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