Metro Detroit condo residents sues over second hand smoke in her building

Posted at 3:43 PM, Aug 07, 2017

Could it be illegal to smoke in your own condo? One woman is hoping a judge will rule it is. 

Phyllis Davis lives in the Echo Valley Condos in Farmington Hills.  The suit she filed in U.S. Eastern District Court of Michigan says she has suffered health problems because her neighbors’ smoke comes into her condo through a connected ventilation system.

Ms. Davis wasn’t home when 7 Action News stopped by, but we soon learned she isn’t the only one complaining.

“It smells.  It is horrible. It stinks,” said another neighbor who wanted to remain anonymous.

She let us in her home. She says no one smokes in her condo, but it smells  like someone does.

The condo association, to try to help, has updated the connected ventilation system.  It didn’t get rid of the odor coming from her neighbors’ homes.

One neighbor smokes marijuana.  Another smokes cigarettes.

“This is my home and I feel I should be able to do what I want to do in my home, within legal limits,” said Barbara Wild, a neighbor in the complex who is a smoker.

Wild says she thinks the lawsuit is frivolous.

The attorneys who filed the lawsuit, Alan Gocha and Justin Barry argue smoking is not within legal limits if it  creates a nuisance for neighbors. Non-smokers say that is what smokers are doing. Smokers disagree.

A judge may settle the dispute.

“I am not a smoker. I can’t stand it. I like fresh clean air,” said the anonymous neighbor appreciative of Davis’ suit.

“If they want clean air and can’t handle the smoke from their neighbor- they should move,” said Wild.

The board of the condo association declined comment due to the pending litigation.

Davis Complaint by WXYZ-TV Channel 7 Detroit on Scribd