[gtyk]

Hi all,

 

Just wanting to seek advice regarding a similar topic. I had posted here before, received some good advice, went back to the strata managers, hitting a brick wall.

 

I have a ground floor apartment. I am an owner occupier. The tenant above me, smokes, and drops his ash directly down. A lot of ash is blown/dropped directly down into my property, which then never leaves (my “verandah” is recessed and the wind would never clear it away). I have been writing to the strata people for 6 years and sending photographic evidence. They have spoken to the tenant. He agrees to use an ash tray. I have lots of new ash on my property every day.

 

They said they would send breach notices to the tenant, owner and agent. Ash keeps happening. They tell me they can’t fine the tenant. I asked them to start a tribunal action against the tenant. The strata people tell me this needs to be voted on by the owners committee, and given the cost of initiating an action, and likelihood of failure, they will likely not vote for it to go ahead.

 

The reasons given to me for likely failure of a tribunal action:
– can’t prove the ash is from above (there is one balcony only above the person above me, I have never seen them smoke)

 

I have always politely spoken to the tenant above me when I have observed him smoking and dropping his ash down. He agrees fairly nicely. Ash keeps raining down.

 

I’m getting desperate. I am considering
– not paying my strata fees
– collecting the ash and posting it to the strata committee/tenant above  me.

Could anyone give me some advice? The way my front fencing and gate is, there’s no way it’s a passing by person flicking their ash into my property. It’s from above

[gtyk]

Thank you so so much.

[gtyk]

Hi, I have a similar but different problem to the one above.

 

I’m an owner occupier, apartment on the ground floor. The resident above me stands on his balcony, leaning over the railing, and while smoking, drops ash down, which the wind carries onto my gate and property. The ash splatters onto me when I open my gate. The ash, once blown down onto my verandah, never leaves, and I have to clean it up. My plants, which by strata rule I’m obligated to maintain, all died.

For some years now, I keep bringing it to the strata’s attention. They talk to him, write him letters, I ask him to show more consideration when I see him smoking, it still continues. The strata has no power to fine him. So there is no impetus to stop for him, he just gets letters he gets to throw away. Because he is also an owner occupier, he doesn’t have a landlord that can enforce anything. Meanwhile, as a lifelong non smoker, I am continually exposed to his waste ash. I’ve told the strata that they have an occupational health and safety obligation to me, but they keep on saying there is nothing they can do.

Can anyone offer me any suggestions?

[Author]

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