› Flat Chat Strata Forum › Smoke gets in your eyes › How do we deal with barbecue smoke? › Current Page
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”.