Smoke drift from balcony, no bylaws

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  • 01/12/2022 at 1:08 pm #66438
    Smokeye
    Flatchatter

      Morning all, I moved into my strata unit 18 months ago and discovered just recently that our bylaws don’t specify anything about smoking.

      A new lot owner just moved in next door and smokes on her balcony. The smoke drifts into my unit when the balcony doors are open (which is every day as I WFH) and at night, the smoke wafts around the corner of the building and enters my bedroom window.

      I queried our strata manager who advised that even though the external parameter of the balcony is common property, the airspace isn’t; and as such the lot owner is free to smoke out there regardless of how it impacts other residents.

      The other EC member agrees with me in principle that we should adopt a smoking bylaw at the next AGM but is hesitant as he doesn’t know how it will possibly be policed.

      We have a few old, long-standing residents who have ostensibly been allowed to smoke whenever and wherever they like, so the sudden change in regulations is likely to spark up some resistance.

      How to approach this tricky situation?

       

      • This topic was modified 1 year, 11 months ago by .
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    • 02/12/2022 at 3:11 pm #66483
      Jimmy-T
      Keymaster

        something seems to be missing here but this is the second page –  Click on the page number above to read the whole thread

        JimmyT

        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.
        • This reply was modified 1 year, 11 months ago by .
        17/01/2023 at 6:05 pm #67116
        Smokeye
        Flatchatter
        Chat-starter

          Hi, me again with the neighbour who doesn’t give a fig that my children and I have to breathe their second-hand cigarette smoke in our apartment on the daily.

          If the worst happens and they block my proposal to adopt the model by-laws at our AGM, what are my options? I’m thinking I might suddenly develop a keen interest in DIY smoking my own fish in a bucket on my balcony. Something really smelly like kippers.

          Or invest in a bokasi bucket and gleefully spray the “juice” on my balcony plants (that stuff absolutely reeks for miles).

          I know this is really pass-agg and petty but I don’t know if I have the stomach or the energy for a full-on legal battle.

          NB: You posted this as a new post.  Not allowed.  There is nothing new in this post – just a continuation of the previous thread.

          • This reply was modified 1 year, 10 months ago by .
          17/01/2023 at 8:27 pm #67128
          Jimmy-T
          Keymaster

            If you don’t have the stomach for a pretty straightforward NCAT hearing, you aren’t going to last long in a stink-war of attrition.  Tell the other owners that they are opening themselves up to long and expensive legal challenges if they DON’T pass the by-law as is. They will have to pay to defend the building against perfectly reasonable complaints about smoke.  That should get their attention.

            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.
            22/03/2023 at 6:07 pm #67996
            Smokeye
            Flatchatter
            Chat-starter

              I finally bit the bullet and applied for compulsory mediation with NSW Fair Trading. I haven’t been assigned a date yet.

              I am prepared for all manner of dirty tricks from my neighbours and I want to make sure that my side of the street is kept as clean as possible so that they have very little to fling at me.

              I imagine there will be a 4-6 week wait until the mediation date, and then an additional couple of months before the hearing so I need some way of redirecting the smoke (which is currently several times a day) until the matter is resolved.

              I would appreciate any tips or advice that I can take to ensure that my actions and behaviours are above board.

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