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.

