Elsewhere in this post
It’s amazing when you think how much we used to tolerate smoking, as if it were a God-given right.
But these days you are increasing likely to find that not only can you not light up in cafes, restaurants or bars – or even at the tables outside – but you can’t smoke on your strata balcony or even in your own home, if it drifts into other people’s flats.
A reader in Victoria is suffering smoke drift from a neighbour who says she “knows her rights” and can smoke if she wants to. But can she?
According to our friend Julie Mclean, president of Strata Community Associaton (VIC), the strata managers’ umbrella body, Model Rule 1.4 in Victoria spells this out in clear and incontrovertible terms:
Smoke penetration:
A lot owner or occupier in a multi-level development 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.
For the record, NSW has similar by-laws, although there are options that allow smoking in designated areas.
However, in either state, if those rules or by-laws aren’t in place from the start, do they have to be adopted at a general meeting or are the applicable by default? And even if they aren’t in place, would a challenge stand up at a tribunal?
Ignoring the side issue that whenever anyone says they know their rights, they almost always don’t, we’re starting the discussion on that HERE.
Elsewhere on the Forum
- Where can I find a mould expert? That’s HERE.
- How do I know which part of my roof is common property and which is my little terrace? That’s HERE
- The creaking sound from roof joists is driving us mad. That’s HERE.
How to ask and answer questions
Anyone can read our posts anytime but you have to be registered to ask or answer questions. However, there are several easy ways you can search, access, ask questions and reply to others’ queries once you have registered.
The best way these days may be to click on “Forum: Your Qs & A’s” on the top menu bar on a computer screen or on the drop-down menu (three lines) on the right of the screen on phones and tablets, under the Strata Choice ad. Then click on the topic title that interests you, and off you go.
Alternatively, you can look at the list of “Your latest questions and answers” under the ads on the right of the page on a computer screen. Or at the bottom, after the ads and stories, on a tablet or phone.
Or you can go “old school” and go to the Forum Home Page and work your way through the topics there. Whichever route you take to get there, the best way to keep up to speed with what’s happening is to register (if you haven’t already done so), then login and subscribe for free to the topics that interest you most.
That way you’ll get an alert whenever the discussion moves forward, and you can also chip in with your own comments and questions. Have a look HERE at our instant guide to getting online.
