CAT SMELL OFFENDS CONDO NEIGHBORS WHO SUE ASSOCIATION AND NEIGHBOR

The Chicago Tribune has reported an amusing, but common, story of neighbors who use their respective property in incompatible ways that create conflict.  According to a lawsuit filed, likely based on nuisance, breach of contract, and violations of the Condominium Property Act, 765 ILCS 605/1 et seq., a set of owners that had a condo in the building before the new owner ("Cat Lady"), have allergies to cats.  Cat Lady has allegedly accumulated 20 cats in her single bedroom condo.  The smell from the urine and feces has wafted, through shared ventilation, into the neighboring condos.  The affected condo owners have sent letters notifying both the Cat Lady and the association (and its Board) of the issue.  Even with notice, all parties failed to cure the issue and the offended parties sued.

Having 20 cats allegedly violates both the Associations's bylaws as well as a homeowner handbook.  It can be argued that owning 20 cats in such a small space could brew the conditions necessary for a private nuisance action, if such an odor is truly overwhelmingly offensive as to prohibit an ordinary person from enjoying their property.


Whatever the issue, Nair Law has experience resolving these kinds of condominium, association, and neighborly disputes.  While this case ended up in litigation, that is not always necessary.  Often, with the right presentation of the issues and potential likelihood of remedies sought, parties can amicably and rationally decide a mutually agreeable solution.  Then again, with highly emotional issues, litigation may be the best option for a resolution. Nair Law is ready to be your advocate regardless of whether you are a condo owner, the association, or the Cat Lady who just loves her pets.