- This topic has 7 replies, 3 voices, and was last updated 3 months, 4 weeks ago by .
-
Topic
-
Here’s an interesting development on the non-smoking front. Owners in the building in the CBD that won the case banning smoking in an apartment because tobacco fumes were leaking into neighbours homes, are being asked what they think about establishing non-smoking floors in their building.
Now, before anyone gets too hot and bothered, I can’t see anyone being told what he or she can’t do INSIDE his or her apartment unless it clearly affects their neighbours.
However, this could be bad news for those of you who take a sly puff on the balcony where you have been banished by your non-smoking partners. And, logically, it could be an end to the unbelievable selfishness and stupidity of barbecues on at least some balconies.
Since many modern balconies are common property, your neighbours could force you and your fatal attraction to burnt meat and tobacco back inside your home where you can only harm yourself and your family.
But what would happen if all the owners on one floor agreed that they didn’t want smoking inside their own or each other’s apartments, ever? They could probably do that by clauses added to their property contracts, agreeing that none of them would smoke or allow tenants to smoke or allow future purchasers of their property to do either.
Or they could go to their Owners Corporation and ask them to pass a special bylaw covering their floor that made it non-smoking. That’s where it might get tricky if enough neighbours, spotting the thin end of a very thick wedge, objected on principle.
Fewer than 20 percent of Australians smoke regularly but they get very, very angry if we suggest that the right of the other 80 percent to fresh air is more important than their right to kill themselves and their children with carcinogenic fumes.
Finally, the City Futures research centre at UNSW is about to wrap up its survey into managing major repairs in strata. Flat Chat readers have already responded in numbers but if you have something to say about strata repairs and you haven’t already done so log on to http://www.surveys.unsw.edu.au/survey/154313/1330/ and start ticking the boxes.
-
Replies
-
Slightly off topic, I'd just like to acknowledge the contibution of someone who clearly remembers 'Big Brother” before it was the name of a crass TV show.
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.
JimmyT said:
Slightly off topic, I'd just like to acknowledge the contibution of someone who clearly remembers 'Big Brother” before it was the name of a crass TV show.
Nice spot
Well, let's face a few facts – smokers in general have scant regard for their own personal health and have less regard for the health of others.
They will smoke anywhere, including balconies, where they flick their waste (ash & butts) over the edge, and yes they don't care where their smoke ends up.
Apart from the polluting effect which includes; millions of butts going down drains and pouring into our waterways and the countless number of butts ending up on other balconies and in garden beds below – the fire hazards alone are frightening. In high rise apartment it's an accident waiting to happen.
As a motorcycle rider I'm constantly bombarded with butts and ash from smokers in front of me – they are completely oblivious to their actions.
It would be pointless to ban smoking in a particular apartment or on a particular level – unless of course it's on the top floor/level – where smoke wont affect others above them.
Let's give the smokers another wake up call and ban them from smoking on balconies as well as all other common areas (if not already in force).
Respect Non-Smokers
Mac
The best idea is to conduct a survey among residents to gauge interest in non-smoking floors. Ensure transparency and open communication to address concerns and gather support.
- You must be logged in to reply to this topic.