This article discusses non smoker smoke drift strata, explaining what practical protections and legal options are available when smoke drift affects health and enjoyment in strata living.
Question: Why are the rights of smokers in strata more important than the rights of those who choose not to smoke. It should not be left to Strata by-laws or Owners Corporations to determine whether we breathe clean air!
Neighbours in my multi unit complex smoke on the balcony resulting in smoke drift through my window and directly into a room I share with two babies. The smoke drift comes into every room including the kitchen.
The laws should seriously change to stop people in multi unit dwellings smoking on their balconies as they are forcing their toxic smoke onto neighbours. We have tried talking to the neighbours and the on-site manager.
I don’t understand why the rights of smokers are more important than the rights of those who choose not to smoke. It should not be left to Strata by-laws or Owners Corporation to determine whether we get to breathe clean air!
Answer: You can initiate proceedings for nuisance or if your body corporate has by-laws about smoking you can potentially initiate proceedings for by-law breaches.
At the risk of sounding blunt, yes, you can do something about it, BUT nothing will happen unless you initiate it yourself and take the steps to make it happen. I can tell you that those steps will seem convoluted and complex, so the decision for you is whether you go through with it.
You can initiate proceedings for nuisance or if your body corporate has by-laws about smoking you can potentially initiate proceedings for by-law breaches. I note you say you’ve tried talking to the onsite manager. You need to be raising your issues with the committee rather than the onsite manager. There is a very specific process you need to go through for pursuing nuisance or by-law issues and those are outlined in the article you’ve commented upon. You may also need to seek some advice about that. You’ll also need evidence to back up what you are saying, which might mean keeping a log or journal of issues.
This post appears in the March 2021 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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