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How do you solve breaches of smoking bylaws and smoking disputes?

Sometimes, strata owners or occupants may not be aware smoke is drifting to their neighbour’s lot or to the common area, so always try to attempt to have a reasonable and polite discussion with all parties involved before you do anything else.

If these discussions fail to resolve the problem and the by-laws continue to be breached, you can ask your strata committee or your strata manager to help resolve the matter. Your strata committee can issue a formal Notice to Comply with a by-law and ask them to cease smoking.

After verbal and formal warnings from the strata committee or owners corporation are being ignored and by-laws continue to be breached, your owners corporation can take the matter to the NSW Civil and Administrative Tribunal (NCAT).

NCAT can impose a fine up to $1,100 for the first breach, followed by $2,200 for a second breach if occurring within 12 months.


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