Q: Is my assoc. responsible for taking care of the cat excrement smell seeping into my house from my neighbor?
I own a townhouse in NJ that sits above a small condo. Over the past few years, I have smelled cat urine in my unit & can only guess that the odor is coming from the hoarder below me with 2 cats. I also believe that my health is being affected-coughing. I called my association and the mgr told me that she had been in his unit years ago and it was disgusting. She then told me that the assoc. would not get involved as this was a matter that should be handled between neighbors. I told my neighbor about the problem and shortly after he told me that he had ServePro come out to clean and they used a black light and did not find anything. I never saw anyone from ServePro come nor did I see a receipt. My neighbor is also a known liar. I emailed the association who sent me back a letter from their attorney saying that they are not responsible but could set up mediation with me and my neighbor. Isn't my association responsible for providing me with a safe living environment?
A: Yes, the Association should be taking all necessaries to correct the conditions you describe in your query. The first step would be to send the Association a written demand outlining the problems you are experiencing. In the letter, advise the Association that you will be notifying the municipal Board of Health of the conditions that you are experiencing. Further advise the Board of Health that the Association has failed to take any action to rectify the problem. Also, advise the Association if action is not undertaken immediately, you will filing a complaint against the Association for its failure to act, demanding that the Association be ordered to take corrective action, and seeking punitive damages for ignoring your prior complaints. Also open an escrow checking account, intro which you will deposit the applicable monthly assessment until the Association undertakes action. Also advise other residents who may be suffering similar problems to also withhold paying the monthly assessment but to deposit the equivalent of the monthly dues into separate escrow accounts. Become proactive.
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