Question: A lot owner has been leaning over their balcony to take photos of the owner below smoking. They’ve shared the photo with the committee as proof that their neighbour is interrupting the peaceful enjoyment of their lot. Is this legal?
Answer: Both smoking and taking photos are lawful activities. However, there are some restrictions.
Both smoking and taking photos are lawful activities. However, there are some restrictions.
Photographs
Relevantly, photos cannot be taken in a private area. This usually extends to bedrooms or bathrooms and may not extend to an outdoor balcony. However, by leaning over the balcony, the lot owner may be conducting themselves in a way that creates a hazard – this is restricted by the BCCMA and usually by a by-law.
Smoking
Although smoking is lawful – if it unreasonably interferes with the use and enjoyment of a lot or common property by another person (or creates a hazard) it is unlawful – this is also restricted by the BCCMA and usually by a by-law. Whether the specific circumstances offend these provisions will depend on the frequency and intensity of the smoke drift (and whether it can be evidenced).
This post appears in the December 2023 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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