I’m concerned about cigarette smoke drift into my apartment – what can I do? – Jess, 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 by adopting a model by-law regarding smoking on common property.
These by-laws exist to prevent an occupier in a strata property from using or enjoying a lot or common property in any way that interferes unreasonably with the use or enjoyment by the occupier of any other lot. If this by-law is in place, your owners corporation should take steps to ensure that all owners and residents are aware of it and follow it.
If there is no by-law in place or if it is unclear, you may wish to file a motion to include one in a model by-law and pass a special resolution in a general meeting.