How could smoking possibly NOT be a ‘hazardous nuisance’?

After not the slightest whiff of cigarette smoke for years, all of a sudden we think we have a closet (open window) smoker right undeneath us, in a shared unit, 10 feet or less from my tween son’s bedroom. Also an ex-executive committee member and reformed smoker, miffed at not getting re-elected, has lapsed and taken to smoking downstairs in the common property thus sharing his second hand smoke with 5 other apartments.

I have discovered lots of things about strata living from the wonderful Flat Chat including the ‘hazardous nuisance’ item in the NSW Strata Titles Act, Section 117.1.(a)  & (b) & (c).

In short, I can’t see how anyone can actually get away with smoking anywhere in a strata including its common property unless it’s in a hermetically sealed room. Am I right to think that, in both the examples I cite, the smokers are in breach of the NSW Strata Titles Act and can be asked to stop on the basis that it’s a ‘hazardous nuisance’ and interferes with my ‘enjoyment’? It sounds so deliciously simple.

And yes I agree! Barbecue smoke shouldn’t be shared either!