Question: Can I stop my neighbour from smoking on his balcony all day? The smoke drifts straight into my unit. Does SA have any laws for smoking in units?
I was under the impression that living in a Strata unit, you need to be courteous to your neighbours and not being disruptive. I have lived in my unit for the past 24 years. My neighbour moved in about 7 years ago.
I believe SA is the only state not to observe no smoking in enclosed areas for units.
My neighbour sits approximately 3 metres from my back door and smokes on the hour every day. For the past 7 years I have not been able to sit in my backyard or have my bedroom, kitchen windows or back door open as the smoke and smell comes straight in.
I have very politely asked if they could smoke around the other side but no response. I’ve asked our Strata Manager but was told there’s nothing I can do.
Is there anything I can do?
Answer: There is currently a bill in parliament to amend the Strata and Community Titles Act and this Bill is currently proposing that the Articles / Bylaws be amended to automatically include a statement that owners must not allow smoke to drift onto common property or another lot.
This is a very difficult situation, as you are correct. South Australia does not have any rules or Acts in relation to smoking on private property and it causing offence to those in neighbouring properties.
Schedule 3 of the Strata Titles Act states that you must not interfere with others in the enjoyment of their rights in relation to units or common property, however this is a very difficult situation to challenge. I have had owners who are smokers advising that being told that they cannot smoke in their unit subsidy is interfering with their enjoyment.
While you would need to seek your own legal advice, at a seminar ran by the Strata Community Association (SA) a lawyer advised that in order to prevent someone smoking on their own property you would need to argue that it was a nuisance and from my understanding this is not a simply law to argue.
There is currently a bill in parliament to amend the Strata and Community Titles Act and this Bill is currently proposing that the Articles / Bylaws be amended to automatically include a statement that owners must not allow smoke to drift onto common property or another lot.
This post appears in Strata News #502.
Carrie McInerney
Horner Management
E: carrie@hornermanagement.com.au
P: 08 8234 5777
There is a real problem when cigarette smoke is allowed to come into other peoples homes/units.
It is a health problem and basically stinks.
Non smoker choose to not inhale this offensive smoke but smokers are allowed to get away with making those people inhale their poison.
I have to keep every door and widow closed to prevent this from happening, i cannot put my cloths or sheets out on the clothes line, i cant even keep my tolit window open 1 inch without the stench of second hand cigarette smoke filling my lungs in the middle of the night.
There is something wrong llowed to be allowed to happen in south australia in this time.
what about our rights? non smokers who dont want to inhale this horrible smoke who dont want to get diseases from this poison.
My units are supose to be smoke free but the neighbour was told to smoke outside where it doesnt go into that landlords unit but does go into mine.
The smoker is entitled and a friend of the landlords she rents through, and is protected by them.
Personally, for those smokers, I’d put a fan on my balcony and blow the smoke straight back at them.
We have also to consider the rise of fire pits and chimineas as well…fans to the rescue!
The person who has to manage smoke drift from another in this article has my sympathy.
Smoke drift really impinges on quality of life for a non smoker and you are entitled to enjoy fresh air and quiet occupation of your home.
I recall backyard incinerators in South Australia and what a burden they were and then they were banned, yet we still have smoking allowed in strata spaces. In some ways smokers are worse than incinerators, because smokers need a very regular and sometimes constant hit.
None of the owners in my block of 8 units allow tenants to smoke inside, yet they feel free to burden other occupiers’ health and enjoyment with their tenants outdoor smoke. I find this situation inhumane.
We live in an area where just about every 2nd house has a wood fire.It is impossible to go outside or have anything open sometimes.If I forget to shut my back door in time you can literally see the smoke in the house!Everything constantly stinks of smoke. I agree that cigarette smoke is not a pleasant aroma to a non smoker ,but in comparison to putting up with wood smoke,I’d rather have to tolerate the smoke from one cigarette smoker anytime!People are quick to insult ,ban or do whatever they can to further segregate smokers from society ,what about the people that pollute the air with other unhealthy and often potentially dangerous substances. Shouldn’t they also be banished and made to pay exorbitant prices for their pollutant?
Yes, I agree, smoke of any kind is hazardous to health and pollutes air, clothing and our lungs. It is time to protect us all from smoke drift.