Summary
In 2021, a young family in an inner Sydney suburb faced exposure to second hand smoke when new neighbours began smoking on their balcony, with smoke drifting into the family’s apartment and impacting their health. They attempted to resolve the problem by directly negotiating with the neighbours. They also proposed adoption of a smoking by-law at the Annual General Meeting (AGM) but the proposal was not supported by some other residents or the strata manager. They sought help from a strata lawyer, documented the issue meticulously with diaries, photos, and medical records, and finally turned to the NSW Civil and Administrative Tribunal (NCAT) for resolution after a failed mediation session.
Within months, the conflict intensified with additional affidavits and requests from the neighbours’ legal counsel for medical evidence of the impact the smoke had on one of the family members health. However, prior to the Tribunal hearing, the neighbours agreed to stop smoking on their balcony, resulting in legally binding consent orders with substantial fines for non-compliance. While the orders addressed balcony smoking, challenges remained, including unsuccessful efforts to pass a smoking by-law at the AGM. The family plans further action in 2025, but their experience highlights the role of legal support and detailed documentation in addressing smoke drift issues.
