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[YolBee]

HI All,
Would appreciate some perspective here. We are pretty tired of strata living already after less that a year.

Our complex has adopted the model by laws including option A for smoking**.
Despite this, we have experienced smoke drift entering our property since purchasing it for over 7 months. We have made multiple complaints to our strata manager, 6 in total. We did not raise the issue with the individuals themselves, as we had reason to believe it was not the best option.
The first time we wanted to take things further, after several complaints, we were advised because it was not a matter relating to common property, unlike parking, that a circular was not appropriate.
The second time we requested further follow up, we were advised this was an issue between two residents and a NTC is not usually sent unless “more than one resident is making complaints”?
The final time we complained we were advised to substantiate the smoke drift with the other EC member (I am on the EC). This was after several months of complaints? We have made it clear that we do not feel its a “personal conflict” and should be dealt with by the strata.

We are the new ones on the block, hated the idea of complaining, and feel our concerns have not been adequately addressed. Although the smoking seems to have abated (today), we are experiencing other unpleasant issues, possibly as a result of our complaints. The tenants seem to have gathered support from a visitor of another lot, who is engaging in subtle intimidation – smoking on the common driveway, name calling (towards our dogs), and continuing to block access to our garage, despite having being asked to move many times when this has happened in the past. Thankfully, they are not always around.

Our question is: How can we ensure that the strata manager and owners are acting impartially? What should have been the most appropriate course of action here? Our strata manager did advise about the option of NCAT and mediation, but who do you aim to mediate with? The tenants, the owners, or the strata manager? All have a responsibility to make this stop I would have thought?

Thankyou.

**Option A
(1) An owner or occupier, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property.
(2) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.

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