Clearing the Air: Implementing a Smoke Free Model By-Law in an Apartment Complex

Cancer Council NSW

Summary

A couples ongoing struggle with neighbourly smoke drift in their apartment complex prompted a pursuit to resolve the issue through the introduction of a model smoke-free by-law. Past attempts at Annual General Meetings (AGMs) were pushed back, but a favourable NSW Civil and Administrative Tribunal (NCAT) ruling acknowledging smoke drift as a hazard and nuisance revitalised their cause. With eventual support from the Strata Manager and Owners Corporation, they navigated a multi-stage process, resulting in a smoke free model by-law adoption via a special resolution. The new by-law empowers all residents to address smoke drift without the need to take legal action. Despite challenges and opposition, persistence, proactive management, and the NCAT ruling were instrumental in achieving cleaner, healthier living conditions for the affected couple and across the complex.

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