What can I do if cigarette smoke drifts into my apartment from a neighbouring apartment? – Jill, NSW
Cigarette smoke drifting from neighbouring apartments is a common concern in strata community living. While there are steps you can take, it’s important to be aware of the rights of strata owners and tenants.
If your neighbour is smoking within the boundaries of their own property, they cannot be restricted from doing so. Every owner has the right to enjoy their property in their own way. However, if smoke drift is a concern for you, you have several options.
First, you should try having an open conversation with your neighbour; express your concerns and help them get familiar with by-laws that cover smoking-related matters. Your owners corporation can mediate matters on your behalf and also decide to designate certain common areas with signages and notices as smoking zones, which can be away from residential areas.
If your by-laws do not adequately cover smoking-related matters, you may work with your owners corporation to update, amend or adopt model by-laws by passing a special resolution vote and making sure these by-laws are clearly available to all.