Smoke ingress despite bylaw

Hello all,

I live in the ACT. I live on the top floor of our building and there is someone two floors down who smokes cigarettes then sprays copious amounts of air freshener and/or women’s perfume afterwards to try to cover it up. Previously it was incense. So it’s cigarette smoke and chemicals multiple times a day, everyday.

Our building has a bylaw that states ‘Any smoke, whether by BBQ or cigarette or other sources, that is causing a nuisance to other residences of a lot must be ceased’.

I’ve been complaining about this smoke ingress for over a year now to strata. However, I’ve been told in writing that ‘what you’re smelling is probably wood smoke’ and ‘what proof do you have that it is cigarette smoke or your neighbours?’.

I then insisted this correspondence be forwarded to the EC along with a strong suggestion an enforcement letter be sent to the offending unit.

I got about 2 months smoke free but now the neighbour has started smoking with a vengeance again.

Im not sure what more I can do, other residents in the building have complained also and the strata tried to tell me I’m the only one who has complained, therefore it doesn’t exist.

Id love to know a prudent way to proceed, who to correspond with and how.

Many Thanks Flatchatters.