Neighbor is complaining about soot damage

[KEmerson]

Re: Neighbor is complaining about soot damage

Frankly I think she's asking for trouble with press-board (a.k.a. particle board; chip board) as her siding. Isn't press-board usually an under layer for proper siding? I mean, couldn't one more or less poke a #2 pencil into that stuff? Ok, with some effort. It's held together with a glue/resin that, if I recall from my days messing with cheap construction, will fall apart if left to the elements. It's susceptible to mildew, moisture, bugs, bad jokes & curious questions about why anyone would finish a house like that? So I guess I'm suggesting that logic alone dictates mold of some sort. How long has she had this siding as the primary siding? Could its installation coincide with your oven and her problem?

[kebwi]

Re: Neighbor is complaining about soot damage

Well, that's it. She has made it clear that if I so much as light up the oven again she'll call the fire department and then start legal litigation.

I have no idea what to do. I don't know if I'm causing it or not. Admittedly, it looks a lot like mold or fungus, but it also looks a lot like tiny spots of charcoal or ash. The most damning evidence, although this is from her pov, is that it is significantly more serious the day after I use the oven. That might not actually be true, but it doesn't matter.

My yard is very low relative to hers. Smoke from my chimney admittedly hits her house pretty hard.

She has also been pretty thorough about repairing the damage which leaves very little evidence...although she claims to have photos; I haven't seen them.

I'm at a loss. I'm just not the kind of person to entertain drawn out legal battles...

[Grimaldi]

Re: Neighbor is complaining about soot damage

You need to test the 'black spots'...if it is mold, she can threatens all she wants, smoke does not cause mold.

If she is so sure it is soot, I see no logical reason why she would object to either a company that specializes in mold remediation taking a look at it and testing it, or sending off a sample to a lab.

You are in a situation where you are being intimidated and the only way out is to get down to the facts...no more speculation. Why spend anymore time not knowing?

[Faith In Virginia]

Re: Neighbor is complaining about soot damage

Look it costs a lot of money and time to take someone to court. So I hope she has bunches. Most lawyers wont even deal with something like this so at best small claims court and she will need to have proof and you can drag this thing out.

I would add a section or two of pipe to your stove and try to get it over her house then light it up and let her call the fire department, Police, social services or the dog catcher. If your not breaking the law there is not much they can do and she will learn quickly that she does not have many options. Don't let her bully you.

Best of luck

[KEmerson]

Re: Neighbor is complaining about soot damage

would getting a regular building inspector have a look help? It seems like there's a lot of guessing and no one is expert enough to give a qualified opinion. It shouldn't take much or cost much to just have a qualified person have a look before it gets crazier than it has.

I look forward to the outcome. Many of us have ovens in neighborhoods and this could be an important bit of knowledge for us. Best of luck.

[kebwi]

Re: Neighbor is complaining about soot damage

Just had another show down with her. I was taking pictures of the spots (look forward to followups in this thread ) and she said she wouldn't have any of it. She's decided what it is and is drafting some sort of legal letter, I'm not sure what you meant by that.

At any rate, the paint guys at Home Depot thought it sounded like mold. I'm going to call some fireplace professionals, house painters, and mold removers on Monday when all the businesses open.

It will be hard to get it analyzed, she's cleaned it all up. One concern I have is that it as a mold/mildew/fungus, it may taper off as the weather gets colder but she would attribute it to my not using the oven...but it's hard for me to simply go ahead and use the oven because she has just about lost all her marbles at this point and I'm just not up to that kind of confrontation.

My wife says, bring it on.

Hopefully I'll have a better notion of things on Monday, but it will be difficult to get anything analyzed due to a lack of evidence now that she cleaned it all up. I understand that the burden of proof is on her and that therefore a lack of evidence or analysis thereof is not specifically my problem...but I still don't feel good about not having a definitive answer to all of this.

Thanks guys.

[Grimaldi]

Re: Neighbor is complaining about soot damage

Sounds like a cover-up to me...I'm with your wife, bring it on! I suspect she knows what is wrong with her house, but in some twisted way thinks she can blame it on you.

Let's see the pics you managed to get...if you were able get any.

[kebwi]

Re: Neighbor is complaining about soot damage

Well, I admit, it is difficult to present good photos because she has cleaned most of them up. I found a few. Those that are most indicative of the more common pattern she is concerned about are very nearly perfectly circular, often with a smeared "wick" mark around them. Some physically stick up and some are perfectly flush.

Her claim is that they burn through the paint, form a hole, then moisture enters the hole and destroys the pressed panel siding underneath.

[Photos con't in next post]

[kebwi]

Re: Neighbor is complaining about soot damage

Previous post con't

[Grimaldi]

Re: Neighbor is complaining about soot damage

Painted over mold that is eating back through the paint is what it looks like to me.

It has nothing to do with you, and if it was me, I would be firing that oven up and let her make her move.

[RTflorida]

Re: Neighbor is complaining about soot damage

MOLD!!! I have very very similar spots on a cedar shed and cedar tiki bar that have not been restained in over 2 yrs. Wood products CAN AND WILL get mold in a humid rainy climate.

Keith, you mention she plans to call the fire dept if you light it up. As long as your oven is within your local regulations, the fire dept is only going to ask if the next pie is theirs to take back to the station.
Personally, I usually don;t take the high road, in your case I would get all of the physical evidense possible and try to get a paint expert, mold remediation, fireplace builder, and a general home inspector to all take a look....in her presence, and submit a report to each of you. It is a damn shame that you may br out a few hundred $$$ for something that is not you fault. Fight it, fight it, fight it.......next firing should be mid afternoon Sunday......invite the old bag over for pizza.


RT

[kebwi]

Re: Neighbor is complaining about soot damage

Thanks guys. As I keep explaining to my gung-ho wife, one of the biggest problems is there is very little to analyze. At the moment, there aren't many spots on the house, which makes it difficult to get any kind of analysis even if I ask someone to come look...but at any rate...it's the right course of action one way or another...

...but ultimately I agree in the assessment and so does everyone I talk to as far as I can tell. Bottom line, she's genuinely nuts on some level. I admit I can be argumentative, but as a personality I consider myself unfailingly logical, almost Spock-like. It's the illogical components of her behavior that I find the most distressing. I don't fault her for being upset, I fault her for refusing to help me determine objectively what's going on.

Whatever, I'm just venting at this point.

I'll call some some various businesses on Monday. I think I'll feel a lot better after I talk to some pros because I can literally "quote" them if it comes down to it, but I do appreciate the FB opinions too. Such consensus strengthens my resolve.

Cheers!

[Tman1]

Re: Neighbor is complaining about soot damage

Here's another thing you can take away from this forum- nobody.. NOBODY has ever had this happen before! If you are indeed logical, what are the chances you're the only person that this has ever happened to? As a contractor myself, it doesn't look like soot damage. Again, logically, it would happen on the side hit by the prevalent winds the most, and be minimal on the lee-side (sp?). Her explanation doesn't hold up to logical thinking.

[splatgirl]

Re: Neighbor is complaining about soot damage

Ohmy do I hear you about the illogical crazy-assedness. I just don't have the skill set to deal with those kinds of people. Fortunately for you, it seems like you've got a problem that can be explained with science...if she will allow it.

As you've said, she is going to believe whatever she wants to believe so at this point I suspect the only way there will be any kind of resolution is if some flavor of higher power shuts her down. Let her draft her "legal letter" or whatever she thinks she's doing. It's very likely her first step towards defeat.
I'm 100% for working to keep peace with the neighbors, but bring it on is right. You've offered the solution...testing and expert opinion. Her choosing to disregard that reflects HER unwillingness to keep the peace. She needs to meet you halfway.
Until and unless she wants to cooperate in finding an actual explanation for what is happening vs. her speculation and random blame (I suspect testing and a scientific explanation would be the first step in any potential litigation), then I say you live your life with your oven however you normally would, ignore her and continue to offer up the solution of finding the factual, verifiable source of her problem anytime she chooses to press the issue.
You're not the one being the difficult here.

[kebwi]

Re: Neighbor is complaining about soot damage

Here's another thing you can take away from this forum- nobody.. NOBODY has ever had this happen before! If you are indeed logical, what are the chances you're the only person that this has ever happened to? As a contractor myself, it doesn't look like soot damage. Again, logically, it would happen on the side hit by the prevalent winds the most, and be minimal on the lee-side (sp?). Her explanation doesn't hold up to logical thinking.

Well I certainly agree and have made the wind-related argument myself. In fact, based on some of the particular locations she has pointed to I am virtually certain I'm not responsible or every spot and if they are all of the same cause, then I would necessarily not be responsible for any of them, but that kind of argument gets a little lost in the details -- I just don't think it's a "legally binding" either (a judge might think it "makes sense" but might act in a "let's be sure" manner), whereas as getting it professionally analyzed would make me feel a lot better in court...........which is hard since there's nothing on her house to currently analyze (well five spots maybe).

I'm feeling better and better about the prospect of talking to some pros in various fields (fire, paint, mold) tomorrow when businesses open and getting some assessments or opinions stated in writing.