What can I do if cigarette smoke is drifting into my apartment? – Sal, NSW
With shared community living as in strata properties, cigarette smoke drift is a major concern. This is further compounded by the fact that every property owner has the right to enjoy their property in their own way. So as long as they’re smoking within the boundaries of their own property, they cannot be restricted from doing so.
The key is to be sensitive to the rights of other owners and residents as well. You may try speaking openly with your neighbour and help them get familiar with by-laws that cover smoking related matters.
Your owners corporation can help mediate matters and also decide to designate certain common areas specifically as smoking zones, which can be away from residential areas. they can put up signages and notices in these areas so that smokers in the property are aware of them. If your by-laws are not sufficiently covering smoking related matters, you may work with your owners corporation to update, amend or adopt model by-laws by passing a special resolution and make sure these by-laws are made available to all.