Noxious or Toxic Odor

By Darlys Walker

Published May 22, 2013


The complaint of cigarette smoke permeating from one unit to another has become increasingly common. Recently a Homeowner filed a complaint that their neighbor was in violation of their condominium documents, citing they were allowing noxious and toxic fumes to travel from the offending unit into the adjoining unit exposing the Homeowner to second hand smoke and the potential health hazards that this exposure could pose.


The definition of noxious as found on is, “Harmful to living things; injurious to health.


The definition of toxic as found on is, “Of or relating to or caused by a toxin or other poison”.


The definition of second hand smoke as found on is, “Smoke that is inhaled unintentionally by nonsmokers and may be toxic and injurious to their health”.


Clearly these definitions imply that the Homeowners complaint may have merit. My question is, if the Board fails to take action, are they creating additional liability for negligence? If they do take action, are they overstepping their authority? I would love to hear what you think.

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Darlys Walker

Darlys Walker, Founder and CEO of Condominium Concepts Management, Inc. (CCM), is recognized for her straight talk, subject matter expertise, and valued insights regarding real

state management, leasing, and HOAs. Her company serves a diverse portfolio of properties, from 16-units up to 600 as well as large mixed-use developments.  


   From its beginnings in 2000, CCM has become a well-respected asset manager and now works with over 100 associations with 16,000 units served by over 300 employees. Darlys and her team deliver resources and responsiveness through six regional offices - in Orlando, Miami, Jacksonville, Charleston, Nashville and Atlanta.


   Darlys Walker is best known for her passion and precision, understanding that the only difference that matters in today's demanding marketplace is service delivery ... doing what is promised and what is right. She knows that every community serves two masters ... the property owner/developer and the resident/homeowner. "If we are not equally responsive to both, we are not doing our job," she states.  


   Her clients say it best: "Darlys really knows her stuff" ... "at the top of her profession and it shows in the caliber of her clients" ... "delivers quality resources that match up well with needs and expectations that are really rigorous."  


   She is a licensed Real Estate Broker in four states, holds an Associate's Degree in Marketing and has earned the Accredited Real Estate Manager designation from the Georgia Institute of Real Estate Management. Also she is one of few certified as a Lead-Based Paint Abatement & Removal Trainer in Georgia.


   Darlys Walker and her team have been selected to manage the condominium conversion process and day-to-day operations for many of the Southeast's most high-profile condominium communities including luxury high-rises, mid-rises and garden-style homes. Most recently she has been recognized as an expert in 're-versions' of communities from condominiums to leased homes, as well as repositioning projects. A visionary and a tireless perfectionist, Darlys demonstrates hands-on leadership, working individually with each client and staff associate to achieve defined business outcomes and satisfaction.  

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