Yesterday the deadline for the vent to be removed came and went. As some predicted, it's still there and still being used daily. Last evening the smell was so vile (like burning, charred flesh) that I felt physically ill. I had been enjoying the gorgeous scent of the garden, where the little trees are blooming in purple profusion, and then that stench hit my nostrils. I don't mean to be dramatic, but I literally felt I could puke.

Anyway, the HOA enforcement officer has promised to see this through, so there's nothing for us to do, but I am just thoroughly disgusted by the neighbors whom we have tried to be kind to at every turn. It's hard not to read a sense of defiant entitlement into their lack of action.

Oh well. My garden is pretty today, and we're installing a new planting bed to view out one of the living room windows, so I'm excited about that.

Trying to see if this posts. I updated this thread 23 hours ago and it's still not appearing in proper order.

Ida, I see your previous post. How infuriating for you. Where is yours vented? Through the roof? If they did that would the odors still drift into your garden? I hope not.

eta: I understand about venting. I have posted numerous times about the f-ing floodlight that shines in my bedroom window and my neighbors refusal to turn it off at night. Like you, I try to maintain good relations with them because we live to close to each other. I have already expended all of my fury at my piggish neighbor across the street.

I would call tomorrow and ask for an update. Wasn’t so and so the date of the removal? Sorry, not sorry, but you need to make a pest of yourself.

I can’t imagine that such a stench would be confined to just your house. Have you spoken to the neighbors on your other two sides?

I still think there is a language barrier. They don’t seem to see the seriousness of the situation.

Side story, actually two: In my neighborhood, homes are being torn down and replaced with much larger homes. These homes of course will increase the tax revenue for the town.

DH was diligent in watching and noticed the way a home butting up to our back yard was draining excess water onto our property. He had to make so many calls and and also went down to the office. It was corrected.

Next story: when we moved into our home 26 years ago, we didn’t have an asphalt curb like our neighbors. Once again we had to make pests of ourselves. DH called every week until they got tired of the phone calls. We got the curb.

You need the HOA on your side so you do have to tread lightly. They need to feel sorry for you and your situation.

Another question. Ida you have the same home. Is it sufficiently ventilated?

Can it handle heavy stir frying?.

Yeah, I think you need to be a squeaky wheel. I am when I have to be and unfortunately it works when nice doesn't. Although you can still be polite through the whole thing, just make your presence consistently known with lots of "whys?".

Agree with eld6161, you can never over post. I've been following this story since the beginning and I want to know how it ends.

👆me, too.

Keep squeaking. Keep posting. We are invested. Some day in the (hoping) near future, it will be solved and we can collectively cheer.

Eld does bring up a good question about the original setup. What type of neighborhood is this? Are all the homes very similar? Can you guess based on your home what their kitchen and original venting situation is or are they too different to draw any conclusions?

I wonder if they'll have to restore the wall by replacing the
bricks. I know you'll be thrilled just to have the odor eliminated so
that you can enjoy your beautiful yard again but I hope they cover the hole
properly. Will the contractors have to enter your yard again?

Let's hope something positive happens this week.

I’m so sorry Ida. I hope it gets resolved soon! You’ll have to show us your new planting area. We are going to enlarge an area in the fall and add in more perinnels.

Thanks for the kind commiseration. I fully intend to remain the squeaky wheel until this is completely resolved. Yesterday after I posted we worked outside on our small landscaping project and the neighbors continued to vent their cooking into our space. Once again, I was forced back indoors when the stench of fish filled the air. It vents down, into the yard, and sits trapped between the houses. Combined with the heat and humidity, it was unbearable. I have communicated further with our HOA Board president, who has emailed our professional property management firm requesting an update as to their communication with the city and next steps in imposing a fine. We should hear further on Tuesday.

We've determined not to consider the neighbors ignorant or somehow hobbled in their understanding due to a language barrier. I thought initially that may be the case, but it occurs to me that they are capable of purchasing a home, hiring contractors, buying high end automobiles, running a business, importing products for said business, and basically knowing how to get by in this society when it behooves them. I'm not falling for any "we don't understand BS." They know what they are doing. They simply don't care.

All of the homes in this small community are by the same builder. Vents are through the roof, and all houses are two story. Their house would've been vented as ours is, and we have no idea why they felt it necessary to vent their stove to the exterior wall. I have stopped caring about their reasoning at this point. I have been so angry about this that I have surprised even myself. I don't think DH or I could've uttered a civil word to them yesterday if we had the opportunity. In fact, I told DH that the only thing I think I would be able to say is "you better back the *%$ away from me." I don't like the person this has caused me to be at times.

On a brighter note, we made a small bed yesterday that we can see from one of our living room windows. It should fill in nicely to help cover the expanse of wall, and I may add some more colorful annuals or garden art.

There is a new Red Beauty Holly just to the right of the bed, nestled near the fence.

You can just barely see the new bed in this pic. I'm considering how to screen the air conditioner units, but so far haven't hit upon any good inspiration.

Oh yeah, the new bed now also contains a deer skull that a friend gave me, which unfortunately still had a good deal of fur attached. It's been "aging" beneath the dirt in our big bed, but today was moved to the sunnier location of the new installation where it will bleach out. It looks cool there, but I'll spare the squeamish among us a photo. 😉 (I put on work gloves and pulled strips of jerkey like flesh from the bone. Gah. Can't believe I did that without cringing!)

I feel so empathetic towards you. It's not fair to not be able to enjoy that little piece of outdoors that belongs to you.

I know they added this vent, but wouldn't the original construction have had venting in the kitchen? Surely it's code. I know it's Texas, but still. Can they build a home without proper venting? Is it possible there is already a vent to the roof and the homeowners didn't know to access it?

IdaClaire

I don't know how your local government works, but I know from experience that the executive branch of our local government is much more responsive when our Supervisor's office is involved. . Just sayin'.

While it's not my nature to actually vandalize anything in real life, I'd certainly be fantasizing about filling that vent with expanding foam insulation!

LOL, I have even envisioned trained wasps building nests. 😁

Even in Texas homes are built to code. Our cooktop and every other cooktop in these homes surrounding us vent through the roof. No earthly idea why they chose to revise their setup. Possibly they installed an entirely new appliance for braising yak butt or whatever that is that's stinking up the place. I just don't know, but like I've said, I am over trying to surmise why they've done this. They know it bothers us, they know it's illegal, and they presumably know that they're about to be fined.

I am also willing to use the court system if necessary.

I wonder if they added a second kitchen for g'ma? Yak butt, lol.

“Braised yak butt” - ROFLMAO

Note on screening the a/c unit. I’m sure you already know this, but make sure you plant well away from the unit. DD had to rip screening plants out at old house. They were too close and were interfering with the efficiency of the unit.

More on screening a/c units...our covenants require it. My neighbor has nothing screening his. We are also zero lot lines. It is almost in my front yard. At least it doesn’t stink like braised yak butt! 😂

I'm sorry you're still dealing with this. My guess is that they have the roof vent, but it is inefficient due to it's length to pull the cooking smells out of their house so they installed a new vent to help with that.

I agree with whomever said to be the squeaky wheel and maybe move up the ladder.

Nice planting bed.

LOL, Zalco! I'll send you my address. 😉

I am sorry you are still dealing with this issue, Ida. Your garden looks so pretty.

True to my nature as the most annoying squeaky wheel EVER, I have once again contacted the HOA professional management team (yesterday AND today; still waiting on a response), and the city. I guess I was pretty straightforward with the city, but I told them it's been 3 months since my initial contact and COVID-19 notwithstanding, I find it completely unacceptable to have heard absolutely nothing further from them during this time. As a taxpaying homeowner, I expect better. I included the city manager and a couple of other emails found online that looked like they might belong to someone in a position to actually DO something, and within minutes did receive a response; however ...

The City's response is that they "cannot address alterations to a residential structure that do not require a permit. Other than civil proceedings, the HOA would be the proper agency for resolution. From a civil perspective, an 'equitable claim' asks the court to order a party to take some action or stop some action. It may or may not be joined with a claim for monetary damages ..."

So at least now we know that much, and are fully dependent on our HOA to wrestle this to the ground. Failing that, I suppose we'll be looking for an attorney to represent us. I hate the very thought of that, but hate more the thought of being sickened every time I'm in my own garden.

We shall see.

Did you ask why the alteration did not require a permit? It seems to me that the alteration required some level of electrical work. Would that not require a permit? (Obviously, I’m pretty ignorant of what requires permits and what doesn’t.)

I'm sorry to hear that. Maybe small claims court would be a possibility and not regular civil court, but I'm not sure since it appears to be geared towards monetary damage.

ETA: sugar ants are a pain to get rid of and could probably be trained to walk through a vent ;)

Since it's the HOA rules governing the placement of the vent, I'd exhaust that option first.

Sorry about the pun....sort of.....but you need the HOA to tell you they won't do anything before you move forward. All roads right now lead to them because it's their rules.

ETA we have a side vent. We're 5' off the property line as is our neighbor and they have no windows on the back side of their house. Our vent pipe goes out the back, not the top of the device. I didn't "design" it that way, but I bought it on eBay for 25% of the new cost. We cook lots of garlic and a fair amount of lamb. Our neighbor has never complained.

I haven't corresponded further with the City. We had been advised in our initial communication with them that the installation of a vent did not require a permit, and I don't know any more than that. What makes the vent illegal is the fact that it's been located where International Mechanical Code does not allow it to be located.

To add another layer of WTF to all of this, our HOA Board President just advised me that yesterday they sent the professional property management group notification to terminate their contract in 60 days. We will contract with a new property management group, but not until August 1, so our current manager is still contractually obligated to carry out its duties, but ... yeah. I know how stuff like that sometimes goes.

I hate, hate, hate being all jazzed up over this damned vent so much of the time, and it feels like a continuing uphill battle. Someone does something that adversely affects my property and my right to enjoy it, and I'm the one who has to suffer the consequences of jumping through hoops to remedy the problem. Life's not fair, is it?

No, but it *will* be resolved. SO at least there is that.

As it will be resolved eventually, what can you do right now to calm yourself? Can you put a fan outside blowing the odors away? Not perfect, but there must be a few things that aren't illegal :-)

I would also, in letter form, let your neighbors how you are proceeding (you haven't dropped it!) and will be contacting an attorney if necessary.

I haven't read through everything here, but have you and the HOA President met with the homeowners to discuss in person? We are getting ready to build a house on a lot, and the person on one side was 5' over on our lot. We argued back and forth, and finally met with the HOA President and we had a civil conversation and went in halves on moving the fence. The homeowners were deadset in not moving it in the beginning. But, after 2 surveys, they knew they had no choice. I know they knew they were in the wrong, but we were all very nice and I think going in halves, even though we didn't have too, they knew we were trying to work with them.

I could not stand that smell, I know the smell. I used to walk in a neighborhood and just walking by this particular house, was so strong and pungent.

I have a letter drafted to go to the neighbors, and I've attempted as much as possible to avoid 'legalese', but have been (again) very forthright in how their cooking odors are causing us to feel physically sick and insisting that they remove the vent immediately. I'm not sure when I'll send it, but if the property management company is not effective, then I WILL, realizing that we will need to document everything in writing as much as possible.

It's a good idea for us and the HOA President to meet with the neighbors, and I will ask him to do this if the property management firm does not follow through very soon. I'm glad you were able to resolve your issue, Olliesmom. And thanks for understanding how disgusting the smell can be. Imagine it hitting your nose when you're outdoors, inhaling deeply the evening scent of blooms in your garden that are not lilacs, but smell like lilacs. It's heavenly ... then it's puke-inducing.

Spanish, your situation doesn't sound like ours at all. Someone is directly dumping stink into our garden. Not off the property line, not near the property line, but ON the property line, and we smell it every time we step out onto our patio when they're cooking or when they have BEEN cooking. It smells like old farts much of the time. I cannot stomach it.

I think at this point I would plant something. Something serious. Something tall and narrow and evergreen. Right up against the wall. If it jams up the vent, so what? They will have to go through the hoops you're going through.

Columnar podocarpus? Tall skinny juniper? Plant it as close to the house as you can.

You don't need a permit to plant a tree!

I had aggravation at my last house with the neighbor’s pond being illegal on the property line. During bad storms it came up to my house. I talked to him and he assured me several times that he would take care of it as he wanted to be a good neighbor. Then, Nothing. I’m sorry this happened to you as well. I know how this can eat at you. I didn’t have a HOA or additional funds after a planned driveway for attorney fee’s. As he had many other code violations on and around his property ...well, let’s just say he probably wished he hadn’t pissed me off.

Fori, it's tempting, but I doubt anything could even grow with hot stink blowing on it. Still... tempting. Except I'm not willing to wait much longer on resolution. It's been an issue for several months already.

JT, what an inconsiderate jerk your neighbor was! I think that's really what I can't comprehend... how neighbors can knowingly keep inflicting harm on the neighbors around them without seeming to give a damn. I am no angel, but I couldn't do that sort of thing. And say what? Too bad, so sad? Suck it up, buttercup? I just don't get it.

THIS - ' To add another layer of WTF to all of this, our HOA Board President just advised me that yesterday they sent the professional property management group notification to terminate their contract in 60 days. We will contract with a new property management group, but not until August 1, so our current manager is still contractually obligated to carry out its duties, but ... yeah. I know how stuff like that sometimes goes.'

Would make me want to camp out with the HOA Board President, since you have been putting up with this for months. There should be no reason why between now and the time that new professional property management group ends itiss contract that someone from that group can schedule a meeting with you and the neighbors, to get this settled. I'd also request of the current group that since it's already been 3 months, that they make sure this is fixed/removed before the NEW mgt. group comes along.

I've never lived where there is an HOA, but are they able to levy fines if the issue isn't taken care of by X date? That may help get the fix moving.

Sorry this is still an ongoing problem.

Is there any chance your neighbors are cooking for a business they run? Or perhaps the g-ma is selling her meals to another business for resale? Sometimes deli-type or ethnic markets have food for sale that they do not prepare themselves. As a teen, my friend's aunt used to spend her days cooking foods for a restaurant and a small grocery store for resale. Neighbors complained about the odors as I remember and eventually she had to stop cooking at home for these businesses as it was against the law in several different ways.

I'm asking because there may be health code violations should this be the case.

Things like this do happen here, but they are against health code rules and people will be shut down when the health dept is tipped off. There are health dept rules that food preparing establishments must follow, be licensed as such, and endure inspections, and then the income tax issues.

It does seem like, even for a large family, that is a lot of cooking going on over there. Never a leftover to cause a "no-cooking" day?

Ida - I know it's different, just wanted to provide full disclosure.

I was on the board of my former condo association. I joined because I didn't trust that they were doing the job in a businesslike manner.

The truth is that the HOA can, and often do, turn their head the other way on matters. Sometimes it's because a homeowner is a friend and often it's because they are a p.i.a.

We had a homeowner who refused to pay association dues from the first month they lived in the condo. By the time I got on the board, they were in arrears by almost $5k on association fees that were just over $200/month. I pushed it and the board FINALLY started foreclosure to get their fees. The most amazing thing was I saw the same board begin foreclosure on other homeowners who were at a fraction of that amount.

Management Companies will advise boards, but I've seen them ignore both the Management Company and attorney's advice. Which is why you join the board so you can help direct them in the right decision through debate and votes.

To pursue anything further, you need to prove that they didn't act. Because board members are often less business minded than you'd like, I always suggest trying to work with them until you absolutely get no results. And although it's a burden, I think joining the board is always a good idea for someone who thinks reasonably.

Have you contacted the builder/building company, since he/they are the ones who built all the homes in your neighborhood? Maybe he can light a fire under the HOA President. Especially, if he has other additions in and around your area.

International Mechanical Code notwithstanding, doesn't the HOA have a list of rules and regulations regarding what modifications can and can't be made to the exterior of the homes, especially on the zero lot line side of the home? If it is a code violation, isn't it the city's job to investigate code violations regardless of whether or not a permit was required?

We had been advised in our initial communication with them that the installation of a vent did not require a permit, and I don't know any more than that. What makes the vent illegal is the fact that it's been located where International Mechanical Code does not allow it to be located.

This kind of reasoning makes me crazy. Officially you don't need a permit, but if you do it counter to code, e.g., locate it in the wrong place, you're in violation of the mechanical code. How can a code be enforced if there's no upfront agreement (taking out a permit) that you'll abide by it?

I don't need a permit to erect a fence between my property and my neighbor's, as long as I follow certain guidelines, height, materials, etc. But if I do it wrong, I'm in violation and my neighbor would probably be caught in the same bind.

Yep. And where does that leave enforcement responsibility? This whole thing is making me nuts.

The city can enforce mowing when weeds grow too high or issue citations for incessantly barking dogs, but can't enforce a section of a building code that apparently it has adopted or grandfathered by allowing homes governed by such code to be erected in its jurisdiction? Does not compute.

I would be beyond livid. Have you talked to an attorney?

You need a giant activated charcoal filter!!!

Too bad pot is still illegal in TX. I'd spark up a big fatty of skunkweed and a couple times might be all it takes! [of course, I just talk a big game. it's legal in CA and I still don't smoke it]

The three HOA's that I am familiar with all require the homeowner to submit a request for review to the HOA if any exterior modification is planned. When we remodeled we moved the range and hood and had to get approval to move the exterior vent.

Does your HOA have a regulation concerning exterior modifications?

@IdaClaire, check PMs, please

Nothing received yet, bbstx.

I am very familiar with HOAs. I can guarantee the Board is wanting you to get tired of fighting and forget about the vent. While HOAs are great at making rules, they are not great about enforcing them.

If push comes to shove, and the HOA does nothing, submit a trellis/plant wall/decorative piece (whatever you want) to install on your property line (would be against their house, correct?) and block their vent. Not only will it hide/block the vent, it will soften the expanse of brick.

I was going to say, and saw it mentioned above, that the pull of their roof vent isn't powerful enough to pull the odors out of their house. That's why they installed the wall vent.#TeamIDA