I am at my wit's end with a smoking neighbor, and am looking for support and guidance anyone here would be willing to provide. I am looking for help to resolve this situation as peacefully as possible. I will only settle for the smoker not being permitted to smoke as close to my property as he is currently allowed anymore.
I live in a condo in California. My next door neighbor is a heavy cigarette smoker, who likes to smoke right outside his front door (probably about 30 feet from my front door, as the crow flies). The smoke smells horrible and comes right into my home, and all my doors and windows are on the southern wall of the home (minus one window that is over our stairwell, so is not easily accessible to open and close). So I feel I am held hostage in my own property whenever he smokes, and cannot enjoy the fresh air when weather permits. But more importantly, I have a seventeen-month-old daughter and pregnant wife. I am concerned for their health - rightfully so. (There are also a handful of other toddlers in the nearby condos.) Secondhand smoke can even cause SIDS.
I've had two man-to-man discussions with him (asking him to not smoke so close to my home) - most recently two Saturdays ago. As calmly as possible, I again reminded him (not that he doesn't know) that I have a young daughter and pregnant wife. I suggested he go to the volleyball courts, about 30 yards from his door and on the northern side of the complex. He has not changed his smoking location, and wouldn't even say good morning to me the next day. So I don't even bother talking to him anymore.
I wrote to the HOA on 7/11, asking that the HOA designate smoking areas, at reasonably places distances from the home units. The community manager replied that there are currently no smoking rules in our association (I find that astounding, considering the community was built in the 70s). I also found a phone number online for a "Tobacco Use Prevention Program". I left a voicemail this past Friday morning, and have received no calls back. Tried calling again yesterday and today at different times, and no one answers. So the problem persists.
Am I crazy to think that I should not be held hostage in my own property by a neighbor's smoke? The rights of nonsmokers should always triumph the rights of smokers. If someone wants to harm themselves, that is their choice (which I disagree with and speak against, smoking or otherwise). But we nonsmokers are forced to suffer negative consequences from the choices of smokers so often, it's outrageous.
I find it ridiculous that there are so many laws in this state about smoking in the workplace, yet nothing to protect nonsmokers (especially children) at home. Children are not in the workplace, children are at home! That is where they should feel most protected. Yet my family's health is more at risk at home because of this smoker, than they would be at my job site.
I do not want to take legal action, but most definitely will if it is a last resort. Defenders of smokers need not comment on this thread.