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サマリー
あらすじ・解説
Today's session, I want to talk to you about how residents could deal with smoke drift issues. This usually happens where in strata communities where they live in close proximity and from time to time, you would have neighbors who would be smoking on the common property or within their lot, but it would unfortunately still reach those residents who do not want smoke drift to reach them.
In most states in Australia, there are already within the rules and bylaws. The requirement for residents to take all reasonable actions to not have smoke drift reach another lot or the common property. But if that persists, what are your options? I always say it's best to first address the issue with the alleged offender where you assess that it's appropriate.
For you to talk directly with the neighbor, take that opportunity. Don't just tell them “Stop smoking”or “I'm not enjoying the smoke drift that's reaching me.” Have them understand the situation as to how it is actually impacting your enjoyment of your unit or apartment. Having these types of discussions, you're actually able to take a hold of the situation so that they can better understand.
But I do understand that there are times where it's not appropriate to approach the residents about that ongoing issue. Where you decide to lodge a complaint with the strata community because you want them to do something about it, such as enforce the rule or by-law, it is absolutely important, in my view, that you accompany the complaint with a medical certificate to explain the reason why this should actually stop. By you addressing the complaint to the strata community, you are actually taking it in a level where you demonstrate that you're quite serious. And in my view, if there is a medical certificate or a thorough explanation as to how you are no longer enjoying enjoyment of your property, so that it is addressed to them and they understand why they should enforce the by-law or rule and require the resident to stop smoking and allowing smoking to the extent that it allows the smoke drift to reach your unit or apartment or even the common property. But remember where there is an opportunity for you directly talk to the person causing the smoke drift, take that opportunity. And when you’re told it's not appropriate, prepare supporting documents and information so that the strata community can make an informed decision as to whether they should enforce that particular by-law or rule.