My neighbour and I share a balcony and they smoke. I don’t smoke and the smoke comes straight into my apartment. I cannot open my door or windows at all. What rights do I have? – Holli, VIC

Q: My neighbour and I share a balcony and they smoke. I don’t smoke and the smoke comes straight into my apartment. I cannot open my door or windows at all. What rights do I have?

 

A: Make sure to check your strata by-laws. They will outline the rules around smoking on balconies. It may be their right to smoke on the balcony, however, that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any guests of the owner or occupier, on the lot does not penetrate to the common property or any other lot.

It may also be worth bringing the issue up with your neighbour, as they may not be aware of how their smoking affects you.

For more information on smoking in strata, don’t miss our article on solving smoking disputes which you can read by clicking here, or download our free guide on strata by-laws by clicking here.