#69374
JulieMcLean
Strataguru

    Smoke drift is a breach of Model Rule 1.4 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.

    The tenant may have a right to smoke, but not if their smoking is a hazard or nuisance to others.

    You can find the Model Rules on the Consumer Affairs website https://www.consumer.vic.gov.au/housing/owners-corporations/rules/model-rules

    All owners, occupiers and visitors and guests are bound by the Rules.

    Perhaps pass the Model Rules to the neighbour in the first instance. If it continues, apply to VCAT for a cease and desist order.