Is there a by law that could help me stop tenants using the BBQ below my unit? – Rossana, NSW
There’s very frequent use of BBQ on balcony below my unit. Smoke and strong odour from burnt oil/fat eminates into my unit and becomes trapped as have to close doors and windows while they are barbecuing. This causes me headaches and respiratory issues. No special by law exists banning the use of BBQ in the building, however there is a non smoking by law for balconies. This is not only a nuisance but can cause health issues. I have complained via strata manager twice. Tenants have been contacted but the BBQ continues to be used. Is there a by law that could help me stop tenants using the BBQ below my unit?
– Rossana, NSW
Hi Rossana, smoke drift is a common problem experienced in strata schemes, not only from cigarette smoke, but BBQ smoke to. As per legislation, a by-law cannot be harsh, oppressive or unconscionable, therefore trying to approve a special by-law restricting the use of an individual lot might be seen as unconscionable. Owners are allowed to use their space as they choose, however they are advised to be aware of the affect they have on the surrounding lots. This will be an issue you will have to tackle on your own, as it between two parties.