June 7, 2011
Lerch, Early & Brewer's Legal Update
Jason Fisher and Mike Goecke, attorneys at Lerch, Early & Brewer, successfully defended a residential housing cooperative after a member sued it for failing to stop his neighbors from smoking. The plaintiff claimed that his neighbors’ smoking was a “nuisance” that was prohibited by the co-op’s “use and occupancy” clause. These “nuisance” clauses are common in documents governing cooperatives, condominium associations, homeowners associations, and may also apply to landlords. The court ruled that Maryland’s “business judgment rule” precludes courts from reviewing a co-op’s enforcement of its rules. It also refused to order the neighbors to stop smoking because plaintiff showed no damage to himself or his property. Secondhand smoke cases are increasingly common throughout the United States, but this appears to be the first one in Maryland. It won’t be the last.
Please note that every case is different, and prior results do not guarantee future success.
