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player ready...Q. I’ve been living in my apartment for 17 years and am having problems with my next-door neighbor who moved into my building four months ago. She is harassing me because I am using cleaning materials and cosmetics (deodorant and eau de toilette) that affect her. She claims that she has a medical condition and cannot tolerate some odors.
I spoke with the management of the building and I agreed on using only green materials to clean my apartment. However, I can continue on with my lifestyle and use my soap and cosmetics.
The situation is now out of hand, and I would like to know what my rights are. Bear in mind that the management knew her condition before renting the apartment to her. So, I am caught in the middle.
A. You are not alone dealing with this issue. There are many people with medical conditions who will not tolerate certain chemicals or odors. Many condominium associations have to be careful about the paint they use, as it can and does affect some hypersensitive people.
You have made an effort to cooperate by not using some of the products that irritate your neighbor. To the extent that you can cooperate a little more, such as opening windows when you use your cosmetics or use them outside if possible, that would show your good faith efforts.
You are not in the middle; your landlord is. Under the Fair Housing Act, a federal law that applies to owners and tenants, the landlord is required to make reasonable efforts to alleviate the situation. However, usually that means that the complainant has to bear the cost of any remedies. I would not ignore the situation, but suggest that you talk with the neighbor and see if a reasonable accommodation can be reached.
Q. My husband died six months ago. We own a house, and the first mortgage is in his name only, but the deed and our second mortgage are in both of our names. My house is up for sale, but I haven’t received any contracts. When my husband died, I lost a large monthly payment that he was getting. I am afraid the house will end up in foreclosure. Do I need a lawyer? What is the procedure to do something about this? My home is in an adult community. Do I have to keep paying the maintenance fee?
A. I know that when I suggest that readers get a lawyer to assist them, some say that I am just trying to advertise legal services. That is far from the truth. I have personally assisted thousands of clients in my law practice and helped them out of difficult situations. So, yes, you should get a lawyer.
You also should get a good real estate agent who understands market conditions in today’s economy. There are a number of government programs that may be helpful to you. You should consider a short sale, which many lenders are willing to approve. This means that if and when you find a buyer, if the sales price is below the amount of your mortgage, the lender may be willing to allow the sale to go through. You would not get any money from the sale, but at least you would avoid the stigma of a foreclosure.
Other remedies include asking the lender to take back the property, called a deed in lieu of foreclosure, and filing for bankruptcy.
Should you pay the association’s maintenance fee? Legally, you are obligated to do so, although many owners in your same situation opt not to make those payments.
I understand that you don’t want to throw good money after bad, but if you, and many other association owners, stop paying their assessments, your association will suffer and market values will go down further. I cannot recommend that you stop making those association payments.