Say you’re a woman with a history of asthma. Say you’re looking to buy a condo. Say the condo you love smells like cigarette smoke, something that you probably don’t like if for no other reason than you have a history of asthma. You ask your real estate guy why it smells like smoke, and he says something along the lines of, “hey baby, don’t worry about it – a little paint and that smell will go away!” Say the real estate guy refuses your request to get in touch with the previous owner to talk about the unit. Say you visit the unit “several times” before you buy it and smell smoke every time. Say you really, really hate cigarette smoke. What do you do? If you’re the woman in this story, apparently you shell out $400K and buy the place.
Then, when you trace the smoke to your downstairs neighbor’s condo and the residents therein, and realize that the smoke is coming from a resident who, surprise, is a cigarette smoker. What do you do now? You sue the real estate agent AND the two guys who live in the unit below you. Then you get your story in the Boston Globe and they spin it all sad and tragic about how badly your world sucks. But you know what? You’re story isn’t sad, it’s a testament to your own mistakes. But instead of taking responsibility for your decision, you try to foist the blame onto anyone other than yourself.
You blame the real estate guy for lying to you, for misrepresenting the fact that there was a smoker downstairs in order to make a sale. Then you blame the guys downstairs because one of them has the unmitigated gall to perform an activity that is 100% legal in his own home (and yes he lives with the owner and is not actually the owner). Did she have any options? She might have said, “I should hire a contractor to seal my unit better.” She might have said, “Maybe I can work with my condominium community to make this a smoke free condo association.” Or she might have said, “I wonder if I do something nice for my downstairs neighbors if they’d do me the favor of smoking farther away from my unit, especially if I let them know I have asthma.”
I don’t know, I wasn’t there. Maybe she tried all of these, maybe not. Was she demanding and angry when she approached her neighbors about the smoking, or what she outgoing and friendly? Did she try to compromise or did she insist on her outcome alone? Did she get anything in writing from the real estate guy about his alleged comments regarding the smell of smoke in the unit? All I know is that she sued them all.
And you know what’s the worst? The downstairs neighbors settled with her because it cost them less to settle than it would have to defend themselves. And they were legally in the clear – they did nothing wrong. They shouldn’t even have had to defend themselves – the suit should have been tossed. It’s NOT illegal to smoke in your own home. And for that litigious act, forcing her neighbors to settle when they hadn’t done anything wrong, I denounce this woman as a bully and a crybaby. I’d like to give her the benefit of the doubt, but I find it amazing that she couldn’t find any other solution to her problem beyond litigation. It just smacks of a sense of entitlement. I don’t know – I don’t know her, the case or the others involved…I would like to hear the other side, because from what little coverage of the other side there was in the story, they sounded much more reasonable to me:
As the symptoms for her lifelong asthma worsened, Burrage says, she asked Schofield to smoke outside. She said he replied, “This is my own home.’’ She also asked Allan to hire a contractor to seal his unit, she said, but he refused.
Allan disputed that in the pretrial memorandum, saying he had a contractor seal areas where smoke could waft up to Burrage’s condo, bought an air purifier, and asked his roommate to smoke on the lower floor of the apartment.
Everything in that quote above smacks of the aggrieved person yelling, “do what I say, do what I say!” without actually offering any changes of her own. And why should he pay for a contractor to seal his unit? Why shouldn’t she have a contractor seal her unit instead? She’s the one complaining!
And for the record, I don’t like the smell of cigarette smoke and I hate it when I smell it wafting up from my neighbor’s deck. But you know what? It’s a community. I don’t expect that everyone bends their wills to mine just because I moved in to the top floor unit. If you didn’t want to deal with the hassles of living in a shared community, you should have bought a house or a detached condo.