#56647
Jimmy-T
Keymaster

    No, they’re not usually common property. The floor slab is common but from there up to the next floor slab (or up to a certain height such as 2 metres above the floor) they’re part of the unit.

     

    Citation required for this (if you can find one). Unless you have a barbecue that floats above the tiles without touching them, then they are very much on common property … and even then …

    But if the smoke is stinking-out other units, surely that would come under a peaceful enjoyment by-law.

    You would think, but despite all the nonsense put out by Fair Trading and dutilfully published by the Daily Terror, the “nuisance” clause in the Strata Act specifically only applies to “smoke from smoking”.

     

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.