Can smoke drift from one strata apartment to another be stopped? – Jenny, NSW

With respect to smoke drift, it’s important to clarify where the person is smoking – if they’re doing so within their own private property, its difficult to restrict them as they have a right to enjoy their property in their own way.

However, if they’re smoking on common property, you may take the help of your committee to restrict smokers┬áby adopting a model by-law regarding smoking on common property, offering two options to the smoker.

  1. One option is to put up signages and notify owners about designated common areas as smoking zones. These smoke-free zones may be away from residential spaces and other common areas
  2. The other option is to let smokers smoke with the condition that they should ensure smoke doesn’t drift into neighbouring property or common areas and their activities do not cause concerns with neighbours

It may help to speak with your neighbour about the issue first – sometimes an honest, friendly conversation can help solve the issue or they can work up a compromise.

If your by-laws do not cover these aspects specifically, you can file a motion in an AGM to amend your by-laws to include them.

Here’s an article on how your by-laws can help you.