Orange County condo owners win lawsuit over secondhand smoke they claim entered their unit

Raul Lieberwirth/Flickr Creative Commons

An Orange County jury has sided with a condo owner whose complaints about a neighbor's secondhand smoke weren't resolved by a homeowners association.

The Orange County Register reports that Superior Court jurors awarded a family more than $15,000 after a five-week trial that ended last week.

Kim and Kai Chauncey sued the Bella Palermo Homeowner Association and their Trabuco Canyon neighbors Lauren and Richard Lee Pulido.

The Chaunceys said their neighbors smoked incessantly and their home constantly smelled like secondhand smoke, aggravating their son's asthma until they were forced to move.

An attorney for the homeowner's association says the family never directly complained to the association.

The neighbors' attorney says they did nothing wrong and the Chaunceys gave very little evidence the smoke was in their home.