#28359
Jimmy-T
Keymaster

    There are two possible avenues here, but they both require an element of bluff.

    If you have the standard by-law that says residents mustn’t interfere with the “peaceful enjoyment” of other residents, get the committee to send an official “Notice To Comply” which carries the threat of a fine.  An official looking letter – you have to use the prescribed form – might do the trick.

    Another option is to look at Section 153 of the Act (below) which would require you to seek mediation for her alleged “Nuisance” on the grounds that she is using common property (your letterboxes) to cause distress and offence.

    Now, I know taht is a long shot, but the prospect of being dragged before a mediator and/or a tribunal and potentially fined may be enough to put her back in her box.

    Worth a shot?  Poison pen letter writers often work on the basis that they can’t be exposed or called to account.  Create a scenario where exactly that might happen and it could do the trick.

     

    153   Owners, occupiers and other persons not to create nuisance

    (1)  An owner, mortgagee or covenant chargee in possession, tenant or occupier of a lot in a strata scheme must not:

    (a)  use or enjoy the lot, or permit the lot to be used or enjoyed, in a manner or for a purpose that causes a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or

    (b)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or

    (c)  use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.

    Note.

     Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot.

    (2)  This section does not operate to prevent the due exercise of rights conferred on a developer by the operation of section 82 of the Strata Schemes Development Act 2015.

    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.