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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.
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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.The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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