Smoking in Strata Buildings

In New South Wales, smoking is not prohibited in private residential lots or on balconies/courtyards, unless a specific bylaw prohibits it.

If there is no specific by-law prohibiting smoking on the common property and within lots, you can propose one to the owners corporation. A special resolution would need to be passed at a general meeting of the owners corporation to pass the by-law. The by-law would also need to be registered.

As soon as the by-law becomes effective, you will be able to take action, such as reporting the breach to the owners corporation, the strata committee or the strata manager for the scheme and requesting enforcement.

Having a smoking neighbour can be challenging, especially if it affects your health or enjoyment of your home.

The following are some steps you can take to address the issue:

• Speak to your neighbour. Have a polite and friendly conversation with your neighbour about how the smoke is affecting you and ask if they would be willing to smoke away from the building or take other measures to reduce the smoke.

• Review your owners corporation’s registered by-laws for smoking restrictions. If smoking is prohibited, you may be able to ask the owners corporation, strata manager or strata committee to enforce the by-law.

• Keep a record of the times and dates when you experience smoke entering your lot. This information can be useful if you need to escalate the issue.

• If speaking to your neighbour does not work, or if there is no by-law prohibiting smoking, you can approach the strata committee. They may be able to mediate the issue or provide guidance on how to resolve the problem.

• Your neighbour may be willing to mediate your strata dispute.

• If the smoking is causing a serious health hazard, you may might want to seek legal advice.

By following the above steps, you may be able to resolve the issue and improve your living environment.

Disclaimer: This is commentary published by Pobi Lawyers for general information purposes only and should not be relied upon as specific legal advice. You should obtain your own legal advice specific to your circumstances before you take any action or otherwise rely on the contents of this article. The content of this article is subject to change. The law is also subject to change.