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Hi
can anyone help with how to tackle smoke drift from my neighbours balcony . I have just bought an apartment and the tenant next door who smokes says she knows her rights and is allowed to smoke . Is there any way of tackling victorias lax laws
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Smoke drift is a breach of Model Rule 1.4 Smoke penetration:
A lot owner or occupier in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.
The tenant may have a right to smoke, but not if their smoking is a hazard or nuisance to others.
You can find the Model Rules on the Consumer Affairs website https://www.consumer.vic.gov.au/housing/owners-corporations/rules/model-rules
All owners, occupiers and visitors and guests are bound by the Rules.
Perhaps pass the Model Rules to the neighbour in the first instance. If it continues, apply to VCAT for a cease and desist order.
Do the model rules apply automatically or do they have to be adopted if they aren’t in place already?
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
We had a situation where we believed a tenant smoked because everyone could smell it. The by-laws stated no smoking (NSW) and yet because no-one actually saw them smoking when we went to mediation we lost. Even though the tenant admitted to being a smoker, they said they didn’t smoke in the unit and we lost.
I’m not a smoker and find the smell of smoke abhorrent, its amazing how much it can drift too, but i do understand smokers point of view… you buy a unit and you are somewhat banned from smoking. That said, I have a neighbour who happily smokes in his unit and the neighbours are none the wiser, he has turbo fans and purifiers going and even to be in his unit you would never know. I think that is a really good solution for all.
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