Question: Can owners do a letter drop to remind residents of our smoking by-law and the ramifications of allowing smoke drift from cigarettes and other substances?
The anti-smoking by-law regarding smoke drift is hard to enforce. Owner-occupiers in our unit block asked our committee and owners corporation (OC) to send out reminder letters about the issue, especially regarding smoke drift. Our OC has a by-law about smoke penetration, including the mention of “other substances” that can be vapes or incense.
Our committee and owners corporation are not interested in addressing this matter, but as the smoke drift is especially detrimental to one owner with heart and respiratory problems, can owners do a letter drop to remind residents of the by-law and ramifications of allowing smoke to penetrate other units? We have a few new residents who may not be aware of the impact.
Answer: This action may lead to conversations about the matter and potentially even some action.
There is absolutely no difficulty with doing a letterbox drop and circulating a generic (that is a circular non-specific to any person) to all owners/occupants reminding them about:
- Your strata scheme’s by-law; and
- The “nuisance” provisions in the legislation, for example, pursuant to Section 153 of the Strata Schemes Management Act 2015.
It is possible that in doing this, you may create something of a “stir”, but it may also lead to some conversation in relation to the matter and potentially even some action.
This post appears in the May 2025 edition of The NSW Strata Magazine.
Warwick van Ede JS Mueller & Co Lawyers E. warwickvanede@muellers.com.au P: 02 9562 1266