Hi, I have a similar but different problem to the one above.
I’m an owner occupier, apartment on the ground floor. The resident above me stands on his balcony, leaning over the railing, and while smoking, drops ash down, which the wind carries onto my gate and property. The ash splatters onto me when I open my gate. The ash, once blown down onto my verandah, never leaves, and I have to clean it up. My plants, which by strata rule I’m obligated to maintain, all died.
For some years now, I keep bringing it to the strata’s attention. They talk to him, write him letters, I ask him to show more consideration when I see him smoking, it still continues. The strata has no power to fine him. So there is no impetus to stop for him, he just gets letters he gets to throw away. Because he is also an owner occupier, he doesn’t have a landlord that can enforce anything. Meanwhile, as a lifelong non smoker, I am continually exposed to his waste ash. I’ve told the strata that they have an occupational health and safety obligation to me, but they keep on saying there is nothing they can do.
Can anyone offer me any suggestions?