Units & Smoking Issues

Hi all,
Hoping that someone could offer some advice and/or share their experience.
I live in a unit & I don't smoke but do like to have my windows open so that I can get fresh air into my unit. Unit next to me has smokers & they smoke on their balcony so the smoke drifts into my unit forcing me to close my windows to stop the smoke coming in. I don't have air conditioning so to close up & turn the aircon on is not an option. As yet I have not tried to discuss the problem with them but they are the confrontational type & probably do nothing.
I understand that some laws were changed recently regarding this but I am not sure what my options are.
Could you please help? Thank you

 

Install a big-arsed fan on your balcony? (strata approval may be required).

 

Tony, what do you mean by the "...the confrontational type..."?

Normally, you would knock on their door and let them know that the smoking is causing a nuisance, and could they deal with it.

Depending on their response you might either continue to close your windows and/or be glad they purchased an air filter (on your recommendation).

Further, you might make a complaint to the strata manager (if you are an owner), or the managing agent, who will do the same (if you are a tenant).

If it continues you can apply to NSW Fair Trading for a mediation (http://www.fairtrading.nsw.gov.au/biz_res/ftweb/pdfs/About_us/Forms/medform.pdf )

If this fails you (or your Strata Committee or Owner's Corporation) can apply to the NCAT for an order under the Nuisance provisions of the 2016 Strata Act ( http://www.ncat.nsw.gov.au/Documents/ccd_form_strata_application.pdf ) in which a breach will incur a significant fine.

 

Ted,
Exactly the info I was after. Thankyou for taking the time to respond

 

My tenants smoke on the balcony and i hate it. I feel sorry for the people who live above and next to them. I want to get non smokers next time and want to get the BC to ban smoking in the complex. Its so anti social and rude to other people in the complex. In my experience many smokers are selfish and dont care about others when it comes to 2nd hand smoke. You shouldnt need to ask somebody not to smoke on a balcony in an apartment complex. Its a given that it will waft into the neighbouring unit or affect their washing or general enjoyment of the balcony. Can i put a non smoking clause into my next tenant's contract??? Probably not. Tenant rights are crazy.

 

If all the humane avenues don't work you might be able to get some scented candles that really stink and put them on the balcony when they get visitors over or even play some real horrible music and start doing yoga in your leopard print undies in front of them.

 

Whew. I thought you were going to seriously go guerrilla, by suggesting leaving all the Xmas seafood remains on the balcony, the day before you went on 2 weeks holiday, knowing full well that they would also require a Tribunal access order for the OC to "..deal with the issue..."

And making sure all other affected (nice) neighbours were going on holiday at the same time as you...

 

Are you serious? The balcony is the best place for smokers to go when smoking, better than smoking in the bedroom. If you don't like legalised drugs then maybe you need to write to your local MP.

 

@Tony - this may be of interest: linky

 

Obviously I don't want them smoking anywhere in the apartment, including the balcony as it affects others.

Just because you can do it, doesn't mean you should do it. But expecting some smokers to exhibit some self control and respect for others is too much I guess.

 

Thankyou

 

will you offer them the same courtesy of respecting their right to smoke ??. they pay rent/price of the property, as much right as you per strata. imagine someone who is allergy to animals banning the whole complex of pets.

as a ex smoker, what me & my house mate use to do we smoke most of the time outside, but sometimes in the balcony when its too hot/cold or lazy. best solution.. ask them to vape !!

OP write them a letter to start if you think knocking on the door is wee difficult. many people are nicer than they seem, not everyone is a prick, if that dont work maybe use the building manager as your poking stick.

 

I take exception to that

I can't displease everybody but I try.

 

like satan said, if you do 1 bad thing or 1000 bad things you still end up in hell.

why not do 1000000 bad things and go down as a legend.!!!!!!

 

Smokers do not have a legally protected right to smoke.

Besides, 2nd hand smoke kills. Is that a good enough reason for smokers? I guess not. Smokers can be selfish and anti-social because they have an addiction and can't control themselves. That's the real problem.

I do agree with one thing you wrote... vaping. That's far better than the neighbor smoking for the OP.

 

The real problem is that it's a legalised drug so smokers do have a legal right to purchase cigs and smoke them. I've had rowdy neighbours who are loud and noisy because they're high from drinking alcohol but not much I can do about it while it's still a legal drug.

 

Tony, given you are in NSW, and some of the other posters might possibly be, the following might help (but note that it was published before the NSW Act changed last year...):-

NSW Strata Reforms: Smoking in Strata Schemes (Part 1)

and

NSW Strata Reforms: Smoking in Strata Schemes - Nuisance (Part 2)


Maybe you need to consider a Nuisance (Smoking) by-law in your strata scheme (and hope they then don't buy BBQs for their balconies...

 

When I lived in a high rise apartment the apartment upwind from me regularly had new tenants. One night they smoked some very strange stuff. Only time I have ever dreamed in Technicolor

 

omg ...miserable
rather have smokers than bogan feral aussies drinking on their balcony being loud.