"I have to shut the door": Meagan Crisp. Photo: Janie Barrett
Tenants who create too much smoke when barbecuing their lamb chops or sausages on unit balconies could soon face fines of up to $2200 under proposed changes to strata laws.
The same goes for smokers if the smoke from their cigarettes or cigars drifts into neighbouring units.
The changes count among more than 90 amendments to strata laws introduced to the NSW Parliament on Wednesday, including a controversial provision that would allow entire unit blocks to be sold to developers if 75 per cent of owners agree.
Tenants who barbecue on unit balconies could be fined under proposed new laws. Photo: Getty
Under current strata laws, residents are not allowed to create a "nuisance or hazard" that interferes with another person enjoying their lot or common property.
Residents also have the power to take their neighbours to a tribunal, if their actions are considered to be a "nuisance or hazard".
But legislation could soon be strengthened by specifically noting that smoke drift, such as tobacco and barbecue, can be considered a "nuisance or hazard".
The reforms also include a proposal to introduce a model by-law that deals with smoke drift such as from tobacco and barbecues.
Under the by-law changes, owners corporations would be able to enforce a ban by issuing a notice to comply.
If the smoker or barbecue fanatic fails to comply, the matter could be taken to the NSW Civil and Administrative Tribunal, which has the power to issue a fine.
If the tribunal finds there has been a breach, residents who create too much smoke drift could face fines of up to $1100 – double the penalty under old laws.
The penalty will double to $2200 if the same offence occurs within 12 months.
Megan Crisp lives in an apartment block in Sydney's north-west and has smokers living next to, above and below her.
"I can't go out on the balcony, not until after they are gone, and usually I have to shut the doors," Ms Crisp said.
Ms Crisp said if her block adopts the new laws, she might be able to stop smoke coming into her lounge room.
"It means I will hopefully be able to get an enforcement, rather than appeal to their sense of duty of care," she said. "It will make them [her neighbours] more aware of the impact that smoking has."
Minister for Better Regulation Victor Dominello said the objective was to modernise strata laws to better reflect the way people live and work in 2015 and beyond.
"Smoke drift is a nuisance and can adversely impact on residents," Mr Dominello said.
"The proposed reforms will benefit residents and empower owners corporations to tackle this problem."
More than 2 million people in NSW live in strata and by 2040, half of Sydneysiders will be living in Strata.
The new laws are expected to come into effect on July 1, 2016.
103 comments
More comments
Comments are now closed