My neighbours are always smoking in their balcony and throwing cigarette butts down onto my balcony. They also regularly cook wood-fire barbeque on their balcony and the smoke makes it very difficult for me to stand in my balcony and/or leave its door open.
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Answer by Neha Sharma, Hillsdale 2036 Sydney
- Smoke from barbeques and cigarettes is not only frustrating but may also be an exacerbating cause of breathing difficulties.
- Section 117 of the Strata Schemes Management Act 1996 (NSW) provides that “an occupier of a lot must not use or enjoy the lot in such a manner as to cause a nuisance or hazard to the occupier of any other lot”.
- It always advisable to speak to your neighbour personally first. However if you are not comfortable in doing so you can ask your strata manager or executive committee member to speak or write to them.
- If you have tried speaking to them but the behaviour continues you might request that a ‘Notice to comply with a by-law’ be issued by the executive committee or strata manager requiring your neighbour to cease the offending behaviour.
- If that does not resolve the issue you can commence formal dispute resolution proceedings beginning with mediation.
- If the dispute remains unresolved you might consider adjudication followed by an appeal to the NSW Civil and Administrative Tribunal (NCAT).
- Alternatively you could raise a motion for consideration at a general meeting asking for a new by-law prohibiting smoking cigarettes and the use of wood-fire barbecues on common property including balconies.