There’s a smoker in the building next door, so we’re not in the same strata property. Can I do anything about the smell? – Judy, QLD
Q: Someone in the adjoining townhouse complex smokes close to the fence of my townhouse complex, and in particular close to my own townhouse. I can often smell cigarettes from my own home. What rights do I have, given that this smoker isn’t in my building?
A: As the adjoining townhouse isn’t part of the property in which you live, it doesn’t have to conform to the same by-laws as you do. Potentially, this means smoking may be allowed. However, your best bet is to find out who the body corporate manager of your neighbouring building is, and bring this issue to their attention. It may be the case that your neighbour’s smoking is against their by-laws too, and they will be able to enforce them. For more information about state-specific rules concerning smoking, find out how to solve smoking disputes.