Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Looking for information on how a strata committee proves…

Customer Question
Hey there, looking...

Hey there, looking for information on how a strata committee proves that smoke is drifting into neighbouring lots?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

NSW

Lawyer's Assistant: Has anything been filed or reported?

Yes they have sent me two letters of warning but they don't say anything in them about how it is drifting in

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Main thing I would like to know is do they need to prove the smoke is drifting into their lots? as I dont smoke very often and have a large hedge around my courtyard, so find it very hard to believe that my smoke is affecting them

Submitted: 10 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
9/26/2017
Solicitor: Leon, Solicitor replied 10 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 10 months ago

Good Afternoon

There is no such information. The neighbours can smell it and make a complaint is enough.

What is the issue?

Ask Your Own Australia Law Question
Customer reply replied 10 months ago
Hi, just text will be fine
Customer reply replied 10 months ago
The issue is I don't think the neighbours can smell it given where they are situated, one can see my smoking. I want to know if they need to prove it?
Solicitor: Leon, Solicitor replied 10 months ago

It is not illegal for you to smoke in your home or in your yard.

If they want to say it is entering the neighbouring property they would need some evidence and it would be enough for the neighbours to complain.

There is no law that says how they have to prove it.

But it is not illegal for you to smoke.

Ask Your Own Australia Law Question
Customer reply replied 10 months ago
Ok, thank you I'm aware they can't stop me from smoking but I was more concerned with being taken to the tribunal to attempt to issue a fine, whether they needed some sort of evidence.
Solicitor: Leon, Solicitor replied 10 months ago

The tribunal will not issue a fine it is not illegal.

On what basis will they take you to the tribunal. Is there a by-law that says you cannot smoke?

Ask Your Own Australia Law Question
Customer reply replied 10 months ago
No but there's a bi law stating the drifting smoke is a nuisance that came into affect last November which breaches the bi law?
Solicitor: Leon, Solicitor replied 10 months ago

Good afternoon

What exactly does the by-law say?

Ask Your Own Australia Law Question
Customer reply replied 10 months ago
They are not by laws sorry...Its the Strata law that came into effect last November stating that drifting smoke was considered a hazard or a nuisance so its breaching the strata law where you cannot affect the peace and enjoyment of another occupant
Solicitor: Leon, Solicitor replied 10 months ago

Here is the standard by-law. If they have not opted for A or B then A applies

9 Smoke penetration

Note.

Select option A or B. If no option is selected, option A will apply.

Option A

(1) An owner or occupier, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property.

(2) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.

Option B

(1) An owner or occupier of a lot, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property, except:

(a) in an area designated as a smoking area by the owners corporation, or

(b) with the written approval of the owners corporation.

(2) A person who is permitted under this by-law to smoke tobacco or any other substance on common property must ensure that the smoke does not penetrate to any other lot.

(3) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.

If there is a complaint from an adjoining owner you have a problem but the other issue is that if you smoke outside it is a breach because it would drift onto common property.

If they choose not to adopt it at all and have a meeting to that effect then the common law of nuisance applies as it has in the past.

So you have to watch that no neighbour complains This would be the proof they need.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
46,909 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,909 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I live at a Retirement village, have been here just over 7
I live at a Retirement village, have been here just over 7 years. Own my own villa, during the week, the next door neighbour had visitors over … read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
I own my apartment on the ground floor. There is a child on
I own my apartment on the ground floor. There is a child on the 7 th floor who keeps throwing dangerous projectiles over the balcony. This in itself is a hazard not just to my property but also could … read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
Strata title nsw - is it the law to have a designated
strata title nsw - is it the law to have a designated visitors parking space … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My company wishes to change the Company nominee NSW Owners
My company wishes to change the Company nominee for a NSW Owners corporation. We have had a meeting of directors to approve the change. The AGM is on Sunday. It is a self managed scheme. Can we give a… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
Is there a basis of calculation to how much % of the sinking
Is there a basis of calculation to how much % of the sinking fund can be used to repair and paint the Body Corp Building and surrounds?… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
I am a resident in a NSW Strata Plan. It is a gated community
I am a resident in a NSW Strata Plan. It is a gated community of two-story town houses with a clubhouse and swimming pool in the centre of a large courtyard area. One resident recently installed three… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
I am an owner in a Strata community in NSW. There are over
I am an owner in a Strata community in NSW. There are over 200 lots in our complex. My question relates to the Executive Committee of the Owners Corporation. Firstly, they do a great job with maintena… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi there, I am an owner of property in a Strata, the committee
Hi there, I am an owner of property in a Strata, the committee likes to fix the defects of the building ( Waterproofing balconies ,courtyards and similar issues ) which is going to cost around 400 to … read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
I live in a townhouse complex of 55 townhouses. The owners
I live in a townhouse complex of 55 townhouses. The owners corporation are not performing in their roles and abiding by their duty of care by not approving necessary works to take place (that will pre… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
i refer to the community land development act,1989,section
i refer to the community land development act,1989,section 5d & 5:1a,management statement for community association dp270085.A dispute has arisen between the community assoc. and strata lot owners 571… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
Hi this is a question for Havenlawyer. I need your help
Hi this is a question for Havenlawyer. I need your help to better understand 3 possible approaches to get my home back, and to choose the priority of actions. These options have come from my previous … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Dear Sir/Madam A client of mine is experiancing noise problems
Dear Sir/Madam A client of mine is experiancing noise problems with her downstairs neighbours fan. It is a ceiling fan and the vibrations impead on her rest . The unit is an old block with timber floo… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
We live in a single dwelling with our neighbours being a Strata
We live in a single dwelling with our neighbours being a Strata Property (units). Their retaining wall has collapsed and knocking the fence over. This happened 4 years ago nearly and we are still tryi… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I have a question regarding liability caused by common property
I have a question regarding liability caused by common property in a high rise apartment block in Sydney CBD. My unit is on the lowest level of apartments and recently whilst I was away there was a bl… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I am involved with a Victorian Owners Corporation (OC) consisting
I am involved with a Victorian Owners Corporation (OC) consisting of around 45 townhouses. There is a large internal courtyard that provides access to the garages. This internal courtyard is common pr… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
The stone retaining wall at the back of my property (in Perth,
The stone retaining wall at the back of my property (in Perth, WA) is being pushed forward by the trees on the neighbours property. The whole wall is bowed now from the pressure of the roots and soil … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Dear/Sir Madam I have a problem with a neighbour accessing
Dear/Sir Madam I have a problem with a neighbour accessing my land. I believe he has no premission to do so, and I want to confirm that. The two properties are the only two lots of a survey strata pla… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I own a ground unit in a block of units. I have enclosed
I own a ground unit in a block of units. I have enclosed courtyrard. I have received a letter from the strata managersr equesting that I prune a large tree in my courtyard , which they say under windy… read more
Advocate
Advocate
Master's Degree
350 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x