Reply To: Light up! Why states won’t ban balcony smoking

This is a clear case of cigarette smoke being a nuisance. Gather your evidence (as per previous posts on this topic – search for “smoking” in the Forum search box), seek mediation at Fair Trading and when that doesn’t work – note “when” not “if” – take it to NCAT.

You have a right to breath clean air and “smoke from smoking” is defined as a “nuisance” in the same part of the Act that says strata residents must not create a nuisance for other residents.

It will take a while, judging by other posts, but you will get there.