Neighbours have a right to using the place as they see fit. However, their used cigarette butts end up littering my enclosed front area with their second-hand smoke and an array of littered butts. I now do not want to turn a blind eye to it… Am I the one who needs to buy their butt bucket/ashtray or ask them to change tack? – Sarah, QLD

Q: Now that I have my ground floor apartment (ease of access, requirement of mine due to my safety needs and making sure this is a sustainable option for me) I don’t want to cause tension as my established, surrounding neighbours have a right to using the place as they see fit.

However, their used cigarette butts end up littering my enclosed front area (lose-stone gravelled area) with their second-hand smoke and an array of littered butts. Have cleared multiple times although have not brought up my issue with an upstairs neighbour… I don’t feel comfortable proceeding; I have, however, thought in clearing up sizeable amounts of butt litter people can ascertain I now do not want to turn a blind eye to it… Am I the one who needs to buy their butt bucket ashtray/ask them to change tack?

 

A: If you are uncomfortable with talking directly to your neighbours, you are able to turn to your body corporate manager for help.

It may also be worth checking your by-laws with regards to smoking. There may be rules in there about issues such as second-hand smoke and littering.

If smoking issues continue, even after contact from your body corporate manager or yourself, you are able to proceed with by-law breach notices and penalties through your body corporate manager, or at the next level the Queensland Civil and Administrative Tribunal (QCAT).