Q. One of our condo owners has a large family and many guests. They do an intense amount of cooking. The pungent smells from this cooking, invoke a lot of heavy spices and oils. Unfortunately, these spicy smells are not contained within the owner’s units and spill over into and throughout the hallways of the building. Sometimes the cooking smells even permeate the elevators. Other owners within this particular hallway have complained to management. We have looked into the ventilation system for our building and there is not much more we can do at that end. Can we approach the owner?

                           —Too Many Cooks

A. “The issue of pungent and permeating odors arises fairly frequently in condominium living,” says attorney Gary M. Daddario, a partner at the law firm of Winer & Bennett LLP in Tyngsboro, MA. “Sometimes the odor relates to pets and other times to smoking. Here, the odor relates to cooking. Of course, one must assume that the governing documents of the association neither prohibit cooking nor the use of particular ingredients. So, if the odors rise to the level of causing significant problems for other owners, the real question becomes in what manner may the association attempt to deal with this problem? The answer is through the ‘no nuisance’ provision of the governing documents.  

“Almost every set of condominium documents includes a provision setting forth a prohibition against a unit owner causing a nuisance. The association may enforce such provisions, including through an injunction obtained from the Court, in appropriate instances. The challenge for the association in seeking to enforce a ‘no nuisance’ provision is that the legal standard involved is a high threshold to achieve. Courts will only deem a nuisance to exist in cases in which the court is satisfied that the evidence shows a level of disturbance to others that is beyond the reasonable annoyances of life and neighborly living that one must expect in these circumstances.

“Hopefully, the situation may be resolved amicably. Perhaps, if the matter is brought to the attention of the offending unit at a time when the odors are present in the common areas, then the occupants of the unit will realize that there is an issue and take some action to minimize their impact on others. If, however, the association must address the situation in court, legal counsel for the association may request that the court take a ‘view’ of the site. This is the equivalent of a ‘field trip’ and would allow the court to personally experience the odor. This will allow the court to make the most accurate determination as to whether or not the odors rise to the level of a nuisance.”