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Topic
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My next door neighbour has a visitor staying who smokes in their courtyard,the smoke drifts into my courtyard and through my open french doors and upstairs windows.By the time I smell the smoke my house smells like an ashtray, I also suffer from bronchitis and the smoke makes me cough for quite awhile.I previously asked them to smoke elsewhere but without any luck.I emailed our strata manager for help and was told it was my problem to sort out with my neighbour and the owners corporation wouldn’t help because I am the only one affected.If the problem continued my only course of action is to go to the Tribunal.I am retired and these people don’t appear to work so the smoking is all through the day,I don’t want to have to keep my doors and windows shut so is there any other options?
fresh air
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Do your by-laws say anything about smoking or smoke drift?
Either way, your strata manager is either ignorant, lazy or both. At the very least they should be raising this with your committee. Cigarette smoke drift is defined as a nuisance under Section 153 of the Act. How many people have to be affected before the Owners Corporation does its job?
Tell the strata manager that if they don’t do something you will be taking action against them and, especially, the Owners Corp Under section 232(2) of the Strata Schemes Management Act 2015.
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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