@scotlandx said:
Maybe no-one should ever go outside Daphne?To answer your question CharlieBoots, the current laws and regulations haven’t changed.
Refer here re the proposed model by-law, which I believe may have been shelved.
But there is nothing stopping you putting up a by-law like that to the OC for approval.
Refer also here:
https://www.cancercouncil.com.au/wp-content/uploads/2011/10/Case-studies1.pdf
The other option is to progress an action on the basis that those owners are causing a nuisance under section 117 of the Act, which was successful in the Highgate case. It is not correct for your strata manager to say there is nothing they can do, so I would suggest that you go back to him/her and tell him you have a legitimate complaint and that you expect to have it taken seriously. If necessary put it in writing.
Charlie, From experience I would highlight scotlandx’s reference to the Highgate case and the law re general nuisance. Smoking is accepted to be a nuisance these days.
The other part is gathering and submitting to both the OC and the strata manager the evidence that it is a nuisance to you and denies the occupantants of your unit “The quiet enjoyment of your property”.
Evidence could include, statements about times and dates by occupants, videos, pictures or even air samples (a bit more involved and costly).