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We have a renter in our Town House group of 12. They have downsized from a large property and brought all their bits and pieces with them and filled their garage. He runs a business from the garage and to give him ventilation as he smokes he leaves the garage door open all day. Sometimes half open which i believe will damage the opening mechanism and we will all be responsible for the repair. The situation of his Town house means that all but one of the residents have to drive or walk passed it to gain access to the road. can anyone tell me what the regulations re garage doors are. The Strata manager ignores this question.
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Do you have the standard by-law about not smoking on common property?
And has the tenant registered the change of use of the garage from a place for parking a car to a retail outlet (or whatever it is he uses it for). Somewhere deep in the Local Government Act it defines a garage as a place for storing a car – anything else is a change of use.
A Notice To Comply about the smoking and a call to the council about the change of use might stir things up a bit.
But I’m afraid your concerns about the door sound a wee bit like clutching at straws.
By the way, if your strata committee refuses to do anything about by-law breaches (or does nothing about a legitimate complaint withing two months) you can take them to the tribunal and force them to do something.
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.
Can I assume that the smoking by-law was defeated by smokers who want to be able to smoke outside their house but not have to leave the suburb to do so?
Get your Owners Corp to revisit the smoking by-law, this time by defining a “smoking area” where residents can go and smoke and not bother anyone else, under the terms of the Model By-Law 9 Option B (below).
If you need photographing evidence, get someone to take some pictures on a phone, perhaps while someone distracts them with a chat about the weather.
9 SMOKE PENETRATION
OPTION B
(1) An owner or occupier of a lot, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property, except:
(a) in an area designated as a smoking area by the owners corporation, or
(b) with the written approval of the owners corporation.
(2) A person who is permitted under this by-law to smoke tobacco or any other substance on common property must ensure that the smoke does not penetrate to any other lot.
(3) An owner or occupier of a lot 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 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.
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