• Creator
    Topic
  • #66998
    Jimmy-T
    Keymaster

      The recent win by NSW apartment dwellers over their balcony smoking neighbours sent a puff of panic through strata smokers and their barbecuing brethr
      [See the full post at: Light up! Why states won’t ban balcony smoking]

      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.
    Viewing 4 replies - 1 through 4 (of 4 total)
    • Author
      Replies
    • #67084
      Esmeralda
      Flatchatter

        My apartment does not have any windows.  I rely on refreshing air throughout my apartment. esp to reach main bedroom down a long hallway, through wide open balcony  doors all day.  My neighbour is a chain smoker, every 20 minutes her cig stink comes in, and I leap up to close the doors. Even with doors closed,  the smoke odour comes in through the very small opening of the individual door partition edges.

        I asked BC to tell her to smoke away from the wall that separates our apts.  They passed it on to the Real Estate Manager.  It lasted a few days. So I am fighting back with tit for tat, stink for stink, her cig stink and my Mortein fly spray in her direction.

        So, how does my lack of windows support my right to fresh air by banning smokers near me.  By the way, no apartment/housing should lack windows. esp in bedrooms.

        #67088
        Jimmy-T
        Keymaster
        Chat-starter

          This is a clear case of cigarette smoke being a nuisance. Gather your evidence (as per previous posts on this topic – search for “smoking” in the Forum search box), seek mediation at Fair Trading and when that doesn’t work – note “when” not “if” – take it to NCAT.

          You have a right to breath clean air and “smoke from smoking” is defined as a “nuisance” in the same part of the Act that says strata residents must not create a nuisance for other residents.

          It will take a while, judging by other posts, but you will get there.

          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.
          #67464
          Esmeralda
          Flatchatter

            I have changed tack.  I now hang a QB sheet on my portable clothes line across my doors in an effort to stop smoke, and cancer causing CHEMICALS  from entering my apartment from the stinker next door.  Has reduced some, but still a nuisance.

            #67466
            Jimmy-T
            Keymaster
            Chat-starter

              What is a QB sheet? Queen bed?

              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.
            Viewing 4 replies - 1 through 4 (of 4 total)
            • You must be logged in to reply to this topic.