Balcony barneys

One of the best aspects of modern apartment blocks are the balconies: your own slice of fresh air, peace and quiet … until your neighbours behave like you didn’t exist.

QUESTION 1: Our balconies are close to one another and not only can you hear every word from people all around but the smoking is really intrusive. How do we stand on banning smoking on balconies? – KM.

ANSWER: The Consumer, Trader & Tenancy Tribunal (CTTT) ruled in 2006 that that the solution to the problem of smoke going from one apartment to another, affecting the non-smoking neighbours, was that the smokers had to quit (at least while at home).

Add that to a Supreme Court ruling in 1997 on the right of Owners Corporations to ban smoking on common property – which most balconies are – and you could argue, says the NSW Cancer Council, that your Owners Corporation has a duty of care to do just that.

Don’t expect legislation but if you feel like running a test case at the CTTT, go for it. However, be warned: you will also be challenging Australians’ divine right to fill their neighbours’ apartments with the stink and smoke from their stupid, selfish and potentially lethal balcony barbies.

QUESTION 2: I have a neighbour who talks loudly on his mobile phone on his balcony and plays his radio and TV at maximum volume at all hours of the day and night. Where I can get written rules that cover this situation? – RW.

ANSWER: Check your by-laws (they differ from building to building). There should be a clause that forbids residents from interfering with neighbours’ peaceful enjoyment of their apartment.

Police can be called if there’s excessive noise from TVs and stereos after 10pm Sunday to Thursday and after midnight on Friday and Saturday nights – but that doesn’t give strata residents the right to be noisy up till then.

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