A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
apartment smoking in Victoria
Avatar
Simon3002
Newbie
Members
Forum Posts: 2
Member Since:
30/10/2016
sp_UserOfflineSmall Offline
1
30/10/2016 - 9:39 am
sp_Permalink sp_Print

Hi. Does anyone have tips for dealing with a smoking neighbour in Victoria? The tenant is smoking in their own apartment, but the odour is getting into the common areas and other apartments. I feel bad about restricting what someone can do in their own home, but on the other hand I’m asthmatic so I can’t tolerate smoke in my own home.

The strata manager has contacted the rental agent but this hasn’t helped. The current Owners Corp rules just forbid a lot “to be used for used for any purpose which may… cause a nuisance or hazard to any other member or occupier”, but the Owners Corp are willing to beef up the rules to specifically mention smoking if that helps.

Thanks, Simon.

Avatar
Guest
Guests
2
30/10/2016 - 11:46 am
sp_Permalink sp_Print

The “model rules” in Victoria state: A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot.

If you don’t have that rule in your scheme then the model rule applies. You have something similar but it could use a tweak.
 
Victoria also requires the Owners Corporation to set up a dispute resolution system, which may involve an outside mediator coming in to discuss a complaint.
 
To trigger this, you must make a complaint in writing to the strata committee and they must respond, even if it is to say they don’t plan to pursue the matter and why.
 
If they attempt internal dispute resolution and it fails, you can take a complaint to Consumer Affairs (see this guide, page 34).
 
If that fails you can go to the tribunal (VCAT) and there’s more information about that here.
 
It is very well established that passive smoking is a health hazard.  Also, smoke drift has recently  been defined as a “nuisance” in NSW strata.  
 
There has been a case in NSW where a district court has ordered tenants to stop smoking in their apartment because it was drifting into adjoining units and there was no physical way of stopping it.  
 
The magistrate ruled that if there was no smoke there would be no problem.  The tenants moved out. 
Avatar
Simon3002
Newbie
Members
Forum Posts: 2
Member Since:
30/10/2016
sp_UserOfflineSmall Offline
3
31/10/2016 - 10:11 am
sp_Permalink sp_Print

Hi Jimmy,

Many thanks for your advice. As suggested, I will make a written complaint to the strata.

Your first link (consumer affairs guide) didn’t work for me, but I assume it’s this document: https://www.consumer.vic.gov.au/library/publications/housing-and-accommodation/owners-corporations/guide-to-owning-managing-and-living-in-an-owners-corporation.pdf

Thanks again,
Simon

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online: hinshelwood@bigpond.com, Jimmy-T
34 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

Whale: 1584

kiwipaul: 584

struggler: 458

Austman: 335

Millie: 211

Billen Ben: 205

Cosmo: 193

considerate band fair: 160

FlatChatFan: 140

Kangaroo: 140

Newest Members:

Shilpa Bakhle

LT

Sammi

iyan2018

iyan

veronikarao12

pommie

Chronicals

amaple

Meloc25

Forum Stats:

Groups: 3

Forums: 40

Topics: 4763

Posts: 22773

 

Member Stats:

Guest Posters: 242

Members: 5463

Moderators: 6

Admins: 1

Administrators: JimmyT

Moderators: Sir Humphrey, scotlandx, Christopher Jones, Lady Penelope, Stratabox.com.au, Jimmy-T