Smoking noisy neighbour

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10/04/2017 at 2:27 am #11032
communityresident
Flatchatter
The No-smoking By-Law has not been enacted yet in our residential block (Sydney), but these recent events our Strata Manager advised will be good evidence to gain proof of necessity. Why?! At our last AGM we had two committee members negative towards the By-Law being brought in, with one Landlord, not directly affected arguing against the By-Law.

I have a neighbour – only moved in last year, their apartment in close proximity in the residential block who smokes and is directly affecting our unit with small child. My son is sick again with a chest ailment and cold.

The current offender took us quite some time to locate and have not had their lease renewed. It took so long because of the strong wind we get and they were obviously being silent when outside on balcony and standing nowhere they could be seen. However we had another resident who has now moved out because of the current smoker (ironic huh?!) their partner was chain smoking and had moved out but we weren’t sure she had. It took action by the real-estate to have them cease or lease terminated. Nuisance clause was used then. Even though the person did attempt to keep smoking unless we asked them not to as it filled our whole unit strongly and as well we had a child then. So it took a while due to prior events to work out who it was and that prior smoker had moved out because of the cigarette smoke from current offender (ironic huh?!).

The current smoking woman has not her lease not renewed and move out by the end of this month. We have another month to put up with it and it’s making us sick, she resumed after less than a week smoking – at least 3-5 times a day. It is impossible to close all doors and windows, which unbelievably is what it requires to attempt to stop it because of the wind, but it is then quickly too hot and stuffy if for more than 5 mins. My son now has another strong cough and cold and is taking Nurofen, however it breaks my heart he has to go through this. We don’t have family here in Sydney to go to. The agent was told that the tenant wouldn’t stop smoking last correspondence and we were told she would be spoken to. The Strata sent a breach letter and forgot I believe to copy the R/E in. Tenant denied receiving second breach as R/E hadn’t. So only 2 breaches have been sent (I believe the first was for noise unsurprisingly). I am fairly convinced the tenant did receive the breach letter. She has taken time to find out my name is and harassed me via another person she is friends with, so it has been done after the breach letter came early this year. I asked the Strata could a penalty be issued if she continues to do so, only response was that she is moving out at the end of the month.

What can I do in the meantime – email the R/E again?

What a saga! I only wish to live here and have a completely boring life if possible, oh how lovely it would be!

Even the landlord I believe didn’t renew her lease because it was going to end up at the Tribunal. I don’t believe he cares she is smoking as R/E seemed unaware of By-Law – nuisance to others. Is this normal to not know this?!

The current nuisance Strata Law by-law which is our legal standpoint seems to be a complete mystery to R/E agents, the other tenant’s R/E argued there was no such thing! Refusing to acknowledge the Law – he was the Senior Property Manager. I know the REINSW sent a newsletter to remind them what Law was still current until new By-Laws were enacted. This one was specifically mentioned.

Sorry this email is so long, it really has become a horribly long and painful story. Thanks for any help offered!
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10/04/2017 at 10:32 am #26801
tharra
Flatchatter
If you haven’t already, read the useful advice here:

https://www.cancercouncil.com.au/cancer-prevention/smoking/smoke-free-apartments-nsw/
10/04/2017 at 4:09 pm #26802
communityresident
Flatchatter
Chat-starter
Apologies the prior email should have said the offender smoking couldn’t be seen as they were obviously standing where they couldn’t be seen by anyone, not that they could.

Update: Monday (Apr 10) I emailed the offending smoker’s R/E Agent via email this morning. Was told that they would be spoken to again, however they could not be there 24 hours a day to tell them to stop smoking. I am sympathetic as a) no-one wants complaints on a Monday morning, b) that they have to deal with someone who behaves like this. Frustrating as it is for all of us my family is the one who is bearing the health impact of this.

I’m assuming the Police will refuse to get involved in the evening as it is a Strata matter…The person was heard screaming loudly from their unit this morning in what I can guess was the call from the R/E Agent or after the call.

To be honest I have been through enough with this unit block over the last 2-3 years and my own personal tragedies which you wouldn’t want to wish on your enemies. Not to mention not the worst committee up until recently when it was lumped on another person. Some interference up until not long ago I suspect was still going on from the old secretary who no longer is living here. I believe the proxies rules being changed affected them enough to have a lot less say and this was obviously no reason to stay perhaps on the committee. Only an opinion obviously. We have two sets of plans for our parking, one our local council has – the real one, and the one that was used by the old secretary as being correct. Funnily enough some people’s garage measurements were incorrect…

I find it a curious thing that the Government regulates / bans smoking in cars with children as passengers. However my own personal illness / tragedies and knowledge of second hand smoke killing people every year doesn’t give me comfort to ignore the situation for any further time. I used to think I was indestructible. However the smoke is impossible to stop and is a sustained problem day after day. Perhaps the no-smoking in vehicles with children is a “feel-good law” as they call it, it sounds good, but in actuality most who do this would be fairly hard to be caught perhaps? The Child Protection Laws in NSW should apply in my opinion to these sustained situations as my child is a minor and I have done all I can do to prevent harm and the offender knowingly continuing their impact on them. I know that if someone asked me if I sent my child to a friend’s home and the person smoked inside the residence each day s I’m sure many would think that I was not a good parent to allow this.
10/04/2017 at 4:41 pm #26803
Jimmy-T
Keymaster
I hear your frustration but this neighbour has three weeks left in your building and there is nothing that can be done that will happen with regard to the smoking in that time – and by that I mean NCAT orders and fines.

Nobody is going to come round and tell them to stop smoking. However, if they threaten or abuse you personally, then you can get the police involved.

What you need to focus on is the NEXT tenant. Send the rental agent a letter telling them that, because of the design of the building, it may be inappropriate for them to house a heavy smoker there and they should consider that when advertising the unit for rent in the future.

They may choose to ignore that but if they place another smoker in the unit, they have to accept some liability if there’s a problem. One of the issues with smokers who cause a nuisance is that rental agents don’t tell them that there has been problemin the past. A good verbal nudge in the ribs could remedy that in your case.

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.
10/04/2017 at 4:57 pm #26804
communityresident
Flatchatter
Chat-starter
@tharra said:
If you haven’t already, read the useful advice here:

https://www.cancercouncil.com.au/cancer-prevention/smoking/smoke-free-apartments-nsw/

Thanks Tharra for the information. We had it for last year’s AGM to give information. If only people could be reasoned with common sense. However this one is definitely not one of these times. I have looked at this, even with this though we have had opposition to the By-Law. I honestly think the only way to get action from some people is through the hip pocket. We have been told by the other smoker’s Landlord that they are against smoking when the problem was discussed last time. However, they wouldn’t act to remove them if it affects them monetarily.
10/04/2017 at 5:27 pm #26805
communityresident
Flatchatter
Chat-starter
@JimmyT said:
I hear your frustration but this neighbour has three weeks left in your building and there is nothing that can be done that will happen with regard to the smoking in that time – and by that I mean NCAT orders and fines.

Nobody is going to come round and tell them to stop smoking. However, if they threaten or abuse you personally, then you can get the police involved.

What you need to focus on is the NEXT tenant. Send the rental agent a letter telling them that, because of the design of the building, it may be inappropriate for them to house a heavy smoker there and they should consider that when advertising the unit for rent in the future.

They may choose to ignore that but if they place another smoker in the unit, they have to accept some liability if there’s a problem. One of the issues with smokers who cause a nuisance is that rental agents don’t tell them that there has been problemin the past. A good verbal nudge in the ribs could remedy that in your case.

Thanks Jimmy. I made mention when I emailed the R/E agent this morning that we hoped the next tenants would be more respectful of others. The Strata Agent has been copied in as well.

Totally agree, especially those with “the hide of the elephants” as they say aren’t going to take any notice of anyone, even more so with 3 weeks. Thank you for the tip about the Police if harassed. Our local Police are good police and often are overworked and under appreciated.

I will think about what to say at our AGM to get other owners to see it as a win for all of us. I can only hope, no matter how this person has treated my son in particular that this may in fact save her life, I truly hope. Too many people think that cancer won’t happen to them. I have seen my father’s best mate in later stages of bowel cancer, it was truly awful. He smoked a packet a day, had a young family and lived by the beach, had everything to live for and enjoy and was indestructible as they were back then. This is the bigger picture for me. That people’s lives are saved from cancer. I’m still amazed my local area and how many smoke are 9 times out of 10 are of a young or younger age. It’s not a knowledge issue.
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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.