This Q&A about cigarette butts from the neighbour upstairs has been supplied by Jane Giacobbe, Strata Reports Victoria & NSW.
Question: We live on the ground floor and have up to 20 cigarette butts in our garden each day from a neighbour upstairs. How do we deal with this? We are not sure who is causing the litter.
I live in a ground floor apartment and for the last month, every day I find cigarette butts all over my backyard. There are up to 20 butts a day.
I’m 100% confident they come from one of the upstairs neighbours due to where they are scattered across the lawn. However, I’m not sure which neighbour. I have a feeling it is the new neighbours who moved in recently as I’ve never had this issue before during my 3 years of living here.
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I wrote a friendly note and put it on the notice board in the common area, however, this has achieved nothing. I’ve also informed the owners corporation via email but have not received any response.
We don’t smoke but we are forced to clean up other people’s cigarette butts. We also have dogs and this can pose health risks to them if they accidentally eat one of the butts.
I would welcome any suggestions on how to best deal with this issue or what legal methods I could use to solve this.
Answer: Open and friendly communication is the first step and very often the best way to resolve a lot of situations when living within a community.
Sadly, this is quite a common problem when living in an apartment but you have taken a great first step with writing the friendly note.
In line with the Owners Corporation Act 2006 “the members of a committee must appoint a member of the committee to be a Chairperson” and this position is generally filled at each AGM when the committee is elected.
Open and friendly communication is the first step and very often the best way to resolve a lot of situations when living within a community.
If for a moment we put aside the fact that littering is not acceptable, your upstairs neighbours may not have any idea that their cigarette butts are gathering in your garden.
It could be worth friendly knock on their doors and explaining what you are experiencing and hoping that they are keen to jump on board and cease the behaviour.
Should you not feel comfortable with the above approach, then you could leave the cigarette butts for about a week so until there is a significant number in the yard, and then take a photograph for evidence.
You can then forward those to the owners corporation and request that they issue a breach notice for the behaviour.
Another option you may also consider as a last resort, is to install a camera and then capture the evidence of the cigarette butts but also perhaps the culprit.
We hope the above has been helpful but if you would like any further assistance we would be delighted to assist!
This post appears in Strata News #327
Have a question about cigarette butts littering your garden from an upstairs neighbour in Victoria or something to add to the article? Leave a comment below.
Jane Giacobbe
Strata Reports Victoria & NSW
E: [email protected]
P: 0402 341 848
This article is for reference purposes only and is not intended to be a comprehensive review of the developments in the law and practice or to cover all aspect of the subject matter. It does not constitute legal or other advice and should not be relied upon this way. Readers should take legal or other advice before applying the information containing in this publication.
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I own a unit which is part of a 6 unit development. we have recently spoken about changing the flooring on our external covered patio and balconies which is on our own title, some owners want to tile over tile and i would prefer an eco deck. 1. The manager believes the decking or tiles should come out of owners corp funding i dispute this as i believe its owner cost as it isn’t on common land. 2. Currently 5 out of six units have tiles and 1 has bare concrete, there are a number of inconsistencies with all properties, but all have the same colour which isn’t a problem and our owners corp is managed by one of the owners nothing external which isnt an issue. So i guess i need 2 questions answered 1. Is owners corp allowed to contribute to funding non common area maintenance ? and 2. Can i have eco deck if the others want tiles as there is already inconsistencies between all units
Hi Andrew,
Thank you for your questions and please find my responses below:
1.
It is my understanding that an owner must contribute to the maintenance of the common property, however they are not responsible to contribute to funding for any of the non common property or privately owned areas within the property.
You may like to discuss this further with a specialised owners corporation lawyer such a Nicole Wilde at Tisher Liner FC Law http://tlfc.com.au/people/nicole-wilde/ 03 8600 9370 [email protected]
2.
There is a little more information that I would need to know before answering this question and that would include understanding all discussions and resolutions that have been made by the owners corporation to date.
It would also be prudent to check the rules that are registered with the owners corporation as well as the registered plan of sub division, to determine the boundaries for each lot and the common areas.
I really would suggest that you speak with a specialised owners corporation lawyer in relation to this matter, as I would want to make sure that you have received the best advice possible.
If I can assist further please feel free to email me directly at [email protected] and I would be happy to discuss things further.
https://www.epa.vic.gov.au/report-pollution/litter-from-vehicles/report-littering
I am experiencing respiratory health problems because a Neighbour smokes in the adjacent apartment and the smoke is coming through the only two vents I have which is the kitchen and bathroom!!!! Both are enclosed spaces. I have never had respiratory problems prior to living in this apartment – not even the flu!
It’s clear that it’s the smoke through the vents that is causing me this. How can it then not be a health hazard???
Apparently not much can be done because the person is smoking in their apartment and Victoria/council does not have a law against it. So who is responsible. ??? In all of this passing the buck game my health is suffering and I am unable to function normally.
Hi Noella
This post from Tim Graham will be useful: VIC: Move Your Butt