Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Oct 2009
    Posts
    5

    Default Bully Downstairs and HUD Discrimination Complaint

    My question involves a condominium located in the State of: IL

    I bought a 2nd floor condo in a 4 unit building more than two years ago. There are two units up and two units down. From the first day, the woman downstairs has made numerous complaints to HOA about me. In first 72 hours after closing she made 4 and I didn't even move in until four weeks later. One complaint was because a single french fry fell out of BK bag and down through wooden balcony slot onto her patio. That was literally 90 minutes after I closed on the unit.

    Anyhow, in first four months she made many, many complaints. She alleges that I smoke night and day and it aggravates her COPD. The weird thing is, I have never smoked, have asthma and live alone. Also, we don't share a ventilation system and this is not a restricted building with regard to smoking.

    My smoking guests smoke on my balcony as a courtesy to me. I live on the 2nd floor and smoke rises so it's doubtful smoke is going into her unit. There is no unit above mine. More likely she lodges complaints when she hears people walking on my wooden balcony which is now carpeted so no wayward french fries can escape.

    Anyhow, when all of her complaints to HOA were found to be "unfounded" she filed medical claim with HOA insurance. Their claims investigator came over and also found her complaints to be unfounded. Other owners in this building do not smell smoke only she does.

    In Feb 09, she filed discrimination complaint with HUD. She named me and HOA. After hiring attorney and undergoing interview with investigator in which I provided my medical records and the results of nicotene bloodtests I took which were negative, the complaint was dismissed. She now has filed request for review so we are waiting on that.

    In meantime, she complains to HOA that my masterbath shower leaks into her Masterbath tile. The odd thing about that is the shower is no longer there. It's been demolished and there are only studs. I use the other bath, have for months now. She calls HOA several times per week to say that my shower is still leaking even though there is no water anymore in there. Several plumbers were hired by us both and no one has found this so called leak.

    Today, she complained that my garage door doesn't close all the way so now I have to hire someone to check that out.

    In any case, it appears she is intent on using the "system" to harass me. I am a bit peeved by HOA as they seem to jump when she says jump because they are also being named by her in HUD complaint but this is getting to be very stressful for me. I have been hospitalized for heart palpitations recently and Doc said it was stress related. I now have $2300 out of pocket expenses from hospitalization.

    I have only spoken to this woman twice. Once was polite conversation and the other resulted in her threatening me then calling police on me for being in my garage storage unit at 8pm on a Sunday evening.

    Anyhow, I don't know what to do at this point. My mortgage balance is $10K more than value of condo so selling at this point is out of the question. I'd love to sue her for malicious prosecution and harassment but have to wait until all HUD appeals are done. In meantime, I can't file any complaints against her no matter what she does and boy does she take advantage of that.

    Does anyone have any suggestions on dealing with this nut? She has a long history of filing complaints against HOA using legal aid just like she did with me. Her file goes back 20 years.

    Now she wants HOA to unilaterally make this building a nonsmoking building. I really don't care as I don't smoke but other two owners say no. I just don't think she will stop with that if she is successful. She likes to complain about everyone and everything.

    Oh, I forgot to mention, her fireplace caused a very smoky fire in my unit 17 years ago per previous owners. If and that's a very big if, she smells smoke, I think it's residual damage from the fire she was responsible for. Any advice would be most appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bully Downstairs and HUD Discrimination Complaint

    It sounds like she's mentally ill. There's no good way to deal with a mentally ill neighbor. (She may, in fact, be the reason the prior owner moved.... have you been able to check into her history of doing this to other neighbors?)

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Bully Downstairs and HUD Discrimination Complaint

    To add to what Mr. Knowitall said, I have read of a buyer suing the seller for not disclosing the fact that there is a litigious nut living in the neighborhood. I recall the lawsuit was tossed because "in the neighborhood" was considered too broad.

    But having a nut right downstairs is a different matter, and I might take a look and recovering something, and with that sell the place, and break even. I strongly suspect the seller had problems with her.

    Finally, when you get a chance to sue for harassment, you can also try to get a restraining order, and further stipulate that any communications go through your attorney.

  4. #4
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Bully Downstairs and HUD Discrimination Complaint

    Yes, I spoke to previous owners. They were original owners and she moved in about 15 years after they did. They had issues with her as well but nothing quite like this.

    She kept complaining that the master bath shower leaked. They had it repaired and paid for hers as well. The second time she complained, they just had it repaired again. At that time, the plumber discovered there was no new leak but previous owners had already paid for her repairs a second time.

    They decided to move out of master bedroom since kids were grown. They stopped using that shower and for a year all was well. One day, she again stated that shower was leaking on her. They informed her that they hadn't used the shower for a year. She insisted, they told her to sue them. She let it go.

    They said they didn't mention her to me because they thought it was only them she hated.

    She has attempted to sue the association in the past because the fire she caused required extensive cleaning to what is now my unit. She claimed she was allergic to what was being used to clean the fire damage and needed to move to hotel. Her insurance wouldn't pay for it so she went to association and demanded they pay. They refused so she got a legal aid attorney to write a letter to association.

    She has also attempted to sue association because they put flowers in the stone planters around the complex's pool. She said she was allergic to pollen and the flowers needed to go. Association told her no. She again got a legal aid attorney and filed some sort of complaint. The real odd thing about that is she has the exact same type of flowers planted all around her patio. I don't know what happened with that complaint as it was a year before I bought in here.

    She has a long, long history of harrassing others in the complex. This situation with me is the first time it's gone this far. The previous owner was a Psychologist and said lady downstairs is a classic bully personality. I do plan to sue her for malicious prosecution once all the appeals with HUD complaint are done. My attorney actually said she did me a favor by putting her lies in writing.

    1. Sponsored Links
       

Similar Threads

  1. Discrimination: When Can You File a Complaint for Discrimination
    By buckeyegrl2 in forum Employment and Labor
    Replies: 4
    Last Post: 12-14-2010, 11:04 AM
  2. My Ex is a Bully
    By PeterPan in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 06-30-2010, 12:38 PM
  3. Defamation: Adult Bully
    By king546 in forum Defamation, Slander And Libel
    Replies: 3
    Last Post: 07-25-2008, 01:16 PM
  4. Discrimination: Retaliation Threat After Discrimination Complaint, in Pennsylvania
    By fedelis in forum Employment and Labor
    Replies: 5
    Last Post: 04-07-2008, 06:17 PM
  5. Bully for a Ex
    By Lorenia in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-04-2007, 10:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources