#25092
Jimmy-T
Keymaster
Chat-starter

    The difference in the new law is that ‘smoke from smoking’ has been defined a s a nuisance – i.e. a legal term rather than just something that is bloody annoying.

    If you can prove that the smoke is coming into your home and that it is coming from your neighbours you can go to NCAT and ask them to issue orders to prevent this from happening.

    Peter is right is saying you can do this now but it’s not just a by-law.  Section 117 of the NSW strata Act says that residents and their guests must not “use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not).”

    Section 117 also says residents must not “interfere unreasonably with the use or enjoyment of the common property” or “use or enjoy the common property in such a manner … as to interfere unreasonably with the use or enjoyment of any other lot.”

    So you could run a case at NCAT right now. The big difference in the new laws is that they specify smoking as a hazard – just in case you get an NCAT nitwit who thinks passive smoking isn’t really a problem.

    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.