Well we’ve finally made it. A court ruling on smoking on balconies

Well this is something. I’m sure this was posted on one of the forums a couple of years ago.

https://www.smh.com.au/national/nsw/room-with-a-feud-apartme…

TLDR: An apartment owner complained to their strata about their neighbours smoking in the balcony and took through to the NSW high court which ruled in their favour.

It means that a precedent has now been set for any strata to ban any activity that strata seems to be to the detriment of other apartment dwellers.

Me personally I don’t like how this is going. I guess we’ll see where this goes.

Comments

                  • +2

                    @Assburg: I feel like those people would heal in a more healthy way from their experience by seeing a counsellor or psychologist, rather than taking addictive stimulants

                  • +2

                    @Assburg: Everyone has been in challenging situations and don't need addictive substances to deal with it.

                    Not every police officer or military personnel is a smoker. You are the one making a dangerous assumption that they all smoke.

                    My wife is a surgeon and I stood beside emergency workers as they pulled out animal and human remains from the aftermath of a bushfire and neither of us have ever felt to need to smoke or that smoking and stinking up the place will make the situation and better. Take your rubbish argument elsewhere.

                    • -2

                      @CocaKoala: You're the ones making assumptions about every smoker… And you're also making the assumption everyone who smokes is addicted to nicotine.

                      If the smell of coffee goes out of fashion should we start on outlawing cafes?

                      Just be a strong person and stop letting yourself be so wildly affected by harmless particles in the air. You're not in a car with a smoker, second hand smoking half a pack a day.

                      Air pollution, processed foods, not enough exercise and the fact you very obviously can't manage even the slightest external stress…. These things do you more bad than your neighbour punching darts on his or her balcony.

                      • +1

                        @Assburg: I can't discuss with you as I seem to want to follow logic and you seem to have tossed it out of the window in order to rabidly defend smoking.

                      • +1

                        @Assburg:

                        Just be a strong person and stop letting yourself be so wildly affected by harmless particles in the air.

                        They're not harmless, and your strength doesn't affect how you get harmed by those particles. Did you time travel from the 50s?

          • +1

            @Assburg: i'm sure my car can take me to the cemetary, without terminal restlessness too

          • +1

            @Assburg: Eventually it'll take you to the Respiratory Clinic at your local hospital.

          • @Assburg: Jazz Cigarettes

      • You know they're working towards this…

      • two wrongs dont make a right, first things first, this is about smoking, then deal with cars

    • +1

      Yes , so many smokers should be more considerate of their neighbours - a great rule change !!

  • +2

    Easy solution as others have pointed out.
    Smoke inside.

    • +6

      Or ban cigarettes?
      Problem solved.
      It works in gaols.
      The 2.9 billion we lose in excise, will be offset by the $6billion in health care costs, which has a higher cost of you read that link.

      • +2

        or ban people get in other peoples shit & limiting their freedoms?
        problem solved.

        • +1

          their freedoms are only limited by their own duties that they chose to ignore or neglected

          I'd be happy to freely remind anyone smoking next to my kid wherever they stand, I've looked after countless people dying of lung cancer, its not just the death that is horrific but the working up to it, sometimes quite insideously

      • +1

        Appreciate you quoting the actually healthcare costs and not the intangible ones.

        But tobacco excise was $15 billion in FY21.

        (https://www.smh.com.au/politics/federal/falcohol-cigarette-u…)

      • Surely if the excise from cigarettes was less than the associated healthcare costs, the excise would have been increased to offset that a long time ago…

      • Smoking is clearly anti bargain

      • +1

        I don't mind banning cigarettes also. But until then, banning of smoking in balconies work for me too.

    • +8

      Yep, but hypocritically, they don’t want the smell inside their place, so they go on to the balcony and impose it on others

      • +1

        Selfish
        Moronic
        Oblivious
        Killjoy
        Idiotic
        Narcassist
        Grosse

    • -3

      And trigger fire alarms?

      What would you prefer, a bit of smoke coming through your window or full blown building fire because you forced smoker disable fire alarm to be able to smoke inside?

      Choose wisely.

      • +2

        Smoke ≠ “a full blown building fire”.

        Do we need to enrol you back in primary school?

        • -8

          Sorry, don't want meet you there, kiddo.

      • Maybe they can quit instead, also lowering the risk of any "full blown" fires.

  • +2

    Why smoke when you can just mow the lawn?

    • +1

      People in apartments don't have lawns.

      • +2

        My bad.

        • All good. They may have a lawn, and pay maintenance. :)

          • +1

            @BewareOfThe Dog: stands in attendance

            I’m in an apartment with lawn, that I pay maintenance for, and I have smoking neighbours. Basically, my windows do not exist.

            • @jjjaar: Why not move?

              • +7

                @gaynamedpaul: I can’t afford the costs associated with selling and rebuying (the taxes alone are insane) and I can’t afford a standalone property, so even if I did move (buy or rent), it would have to be in an apartment and the risk is that I would end up somewhere with the same issues.

                And I love everything else about the apartment and also the location of it.

                But also, I shouldn’t have to move to just be able to safely open my own windows?

                Part of being in apartments is (or should be) generally being considerate of how what you do impacts others. If I found out I was loud, I would feel bad for putting my neighbours through that, and I would take steps to change. And the odd thing is, my neighbours who smoke would do the same thing for noise.

                It’s just weird that there’s this whole different mentality around smoking: that smokers can smoke without needing/wanting to care about how it impacts others and the rest of us just have to accept it.

  • +9

    Let's follow new Zealand, but go further.

    • FFS never follow new zealand….never do that.

    • +1

      I've been advocating incremental age limit for years. Great to see it being implemented in NZ.

  • +1

    We have to thank the likes of Walter Raleigh, all the ship merchants and James Duke for this thread .
    James Duke was a greedy individual like Steve Jobs and made the equivalent of billions in today's money, selling and promoting cigarettes.

  • -1

    meanwhile the same people losing it at smokers are trying to make Weed legal….

    • +5

      I don't smoke pot. My mother suffered thru cancer and refused medicinal cannabis due to the Stigma and legality at the time. Her final years may have been more comfortable.
      Unfortunately some people that smoke pot, lose the plot, as I have witnessed.

      • from recent journals and experience, unfortunately medicinal cannibis is not the miricle drug it has claimed to be … by far (most patients that werent pot users say its useless, for appetite, anxiety, maybe only sleep kind of helps)

        • No one claims its the miracle drug. Everyone knows it doesnt cure cancer. …But it helps with pain relief.

          • +2

            @Cusack: well the feedback i got was no it doesnt really help, and much less than other existing products :/

            a lot of groups, lobbies or people do herald it as a miracle drug, maybe a little less these days if you think nobody does (?) I havent been young in a long time so i pay less attention.

            then again pain can be pretty tricky and if it is a solution even for few people its worth having it around

            • @juki: There a ton of feedback where people successfully replace dangerous, highly addictive pain relief opiod drugs with this simple plant grown so easily in the backyard…. so I think from their point of view it kinda is a miracle drug. But it definitely shouldn't be advertised as such coz it gives it too much hype.

              • +1

                @Cusack: the people giving that feedback cant be oncology patients…there are a few very recent oncology related studies also highlighting the disappointment of cannabis in that field.

                from a few readings a problem is people dont grow it in their back yard, and that in places its been legalised has lead to a potency race and therefore become a similar problem to opiods (granted that in a medical context there are scenarios ect to avoid abuse). Opiods serve their own purpose.

                for cannabis the lobbying has been so insane for years, recent legalisation in places has shown how much money is involved so even just for medical use, it would be hard to trust people to do the right thing or push for the wrong idea :/ Sometimes people just cant be trusted or dont have common sense, the right health literacy

                • +1

                  @juki: Most feedback was from cancer patients. I followed these groups for a while. I've also read the reports saying it doesn't make a difference. Strange that feedback vs studies are quite the opposite.
                  I say if the pain relief works for someone, they should be free to use it without the resistance and taboo (which I also find strange)

                  • +1

                    @Cusack: virtually all my feedback is from the horse's mouth :D i'm sure a scientific study would complain about my population sample, so just take it as i'm sharing experience of a curiosity i've had.
                    As mentioned above, people in such circumstances should be able to try, use whatever works for them but most do require guidance health literacy generally speaking seems to have flown out the window in recent years. Additionally, arguments are usually fuelled by there being more to the picture (some studies i read overseas years ago were indirectly funded by the tobacco industry via foundations), not just on this subject too, there would be a lot to say about "journals and studies".

                    • @juki: It's called the placebo effect.

                      • @CMH: well no, it seems to be just lacking effect or not as potent as modern solutions.

                        I just happened to be listening to something about a chinese surgeon centuries ago, apparently for anasthesia they used some boiled concoction of cannabis to "scrape the general's bone" after he had been hit by a poisoned arrow.

    • +2

      I’m in a strata with multiple smoking balconies impacting my ability to open windows.

      One is exclusively a cigarette smoker. One chain smokes cigarettes m-f but smokes pot weekends. Another only smokes pot, but it is very sporadic, could be seven times a week or once a month.

      If I was to have my windows open when someone was smoking cigarettes, the smell just goes throughout the house instantly, I get headaches, my eyes get itchy and watery, my sinuses flare up, I feel sick, my house stinks. Literally bought an air purifier to help with this (it does, thankfully, but I can never guess when the smoking starts, so it is reactive).

      If I was to have my windows open when someone was smoking pot, I can smell the pot but it does not infiltrates my house as quickly, only partially inside some of the rooms, but the smell is less offensive to me (perhaps not to others though so I’m not going to suggest this experience is universal), and I do not get headaches/sinus headaches or feel sick.

      Also from the research I have done into this since having to experience all of this, the impacts of second hand weed is much less dangerous than the impacts of second hand second cigarettes.

      All of this is definitely anecdotal. I’d be interested to talk to anyone who has had the opposite experience.

        • +6

          People are allowed to open windows.
          People who smoke however should not be given that luxury to impact others.

          Big difference from smelling someones dinner, to smelling toxic smoke within close vicinity to where you live.
          The same way people have to be mindful of chimney smoke when burning in winter, is the same smokers should be aware that smoke is toxic.

            • +1

              @[Deactivated]: I mean the computer/phone your probably writing this on is slowly killing you in the long run…

              We can be here all day with issues arising from something DainB.

              In the article mentioned, the windows were also closed. As per image text "The Kingscliff couple said smoke rose from the balcony of the apartment below and seeped in through the air vents, even when the doors and windows were closed"

              So maybe it is not as "Easy" as you mentioned.

              • -6

                @iNeed2Pee: It is easy. Use duct tape if you have issues with "vents".

            • @[Deactivated]: Did you know, if you close all the windows in an apartment or small house and turn the oven on or cook with gas, you fill your apartment up with gas (gas stoves leak unburned gas), and smoke.

              Also, you can block most external traffic noise by nearly closing your windows but leaving them open just a little. This lets in wind and fresh air, but also a lot of smoke if someone smokes on the balcony below you (the smoke rises, and the wind blows it into your apartment).

            • +2

              @[Deactivated]:

              Personal responsibility, have you heard of it?

              So next time someone is smoking on their balcony, I'll get the hose, got it.

            • @[Deactivated]: It's genuinely weird you think "personal responsibility" means changing your lifestyle to allow everyone else to not have to exercise any of their own personal responsibility.

              "Well if you didn't want me drunkenly assaulting you, you should've stayed home instead of coming to this pub, take some personal responsibility!"

        • +7

          Yeah cool, great advice that’s grounded in selfishness…

          So Melbourne just had three days of 30+ degrees, with the third day of 36+ degrees, and not opening my windows means that some rooms in my my apartment are is still 28•+ degrees, but the rooms away from their balconies where I have been able to open windows completely are back down to 20•. But sure, this is a me problem 🙄

          Why should someone else be able to have such an impact on the comfort of how I live, without them even really knowing how much of an impact they’re having on me, yet you’re inferring that I’m the a**h*** to suggest they should have to think about how their smoking impacts how others around them live?

          I’m not stopping them from smoking - they can smoke inside their apartment and not impact anyone but themselves (I wonder why they don’t do this?), or they can go to the footpath which is a good 6m from the building if they really have to smoke outside.

          Their smoking is literally impacting the way in which I live, and I should be allowed to remind them of this every single time they light up.

          • +6

            @jjjaar: remember DainB is the bloke who posted a vaccine article and calling it "karma is a bitch" which is pointing to them not getting the vaccine but then sounding like a smoker in this thread.

            I Might be full of assumptions but jeez, someone who is anti vaxx but happy to inhale smokes only makes me crack up more hahaha

            Might need to also sharpen up on his spelling…must be all those diesel fumes seeping in from his backyard.

            "Where Do You Stand on Manly Sea Eagles Pride Jersey Controvercy?"

            • +1
              • +1

                @jjjaar: I have to be careful with my points. They may seem too educated and I will be labelled a leftie.

                The ironic thing is, I actually do not mind some smokers because some are actually mindful of others around them.

                However when it is en-closed space where smoke can affect others in the area as such this article, then measures need to be taken. Many other options for those smokers who can still smoke without causing the after effects from the cigarette they are inhaling.

                • +1

                  @iNeed2Pee:

                  The ironic thing is, I actually do not mind some smokers because some are actually mindful of others around them.

                  I’ve said it before (and if someone wants to trawl through my comments on this site, they will find it) but most people don’t know that they know considerate smokers, because they’re so considerate; you have no idea they smoke!

                  However when it is en-closed space where smoke can affect others in the area as such this article, then measures need to be taken.

                  I’ve recently bought an air purifier, which helps a lot with the smell of smoke in my apartment (though not 100% sure of how the purifier I own reduces the possibility of disease associated with second hand smoke). Imagine if I asked my neighbours to pay for this purifier? I’d be met with laughter. Yet I wouldn’t need it otherwise.

                  Yet literally a year ago, my friend buried her mother, who, never smoked a day in her life, died of lung cancer as a result of growing up in a smoking household - even when the smoking only happened outside.

                  • @jjjaar: i did not find air purifier really helping with second hand smoke…. unless you keep it on 24/7 as u never know when people smoke

            • @iNeed2Pee: Using ad hominem fallacy usually means you don't have any other arguments.

              • @[Deactivated]: Well actually I did bring my point back to the diesel fumes you mentioned….so not entirely correct.

                You can smoke inside apartments. Cover the smoke alarms….maybe with the duct tape you mentioned.

            • -1

              @iNeed2Pee:

              only makes me crack up more hahaha

              So heavy crack user? Not surprised.

          • @jjjaar:

            I’m not stopping them from smoking - they can smoke inside their apartment and not impact anyone but themselves

            Yes, you 100% are. Smoking inside apartments is not possible because of fire alarms and you know that.

            • @[Deactivated]: It’s possible, but the noise might bother them. Guess it’s a trade off they’ll have to make if they want to smoke 🤷🏼‍♀️

            • @[Deactivated]: Many folks know to temporarily deactivate a smoke alarm, you whack a shower cap over it. Plastic bag (freezer bag for example) also works.
              Smoke alarms, particularly certain older designs, can trigger from shower steam too.

              A sensible vape setup won't set them off. I know, as I used one during a weekend stay at Crown Sydney some years back. Buggered if I was gonna take the lift down to the street for my nic.

        • @DainB You should try reading the linked article …

          The complainants said the smoke rose to their apartment and came in through their air vents even when they closed their doors and windows and used a fan and air purifier.

      • Interesting. Me personally I hate the smell of cannabis, not to the point it makes me physically ill but close.

        Also I had some very bad experiences with cannabis when I was younger so that could also contributing but my wife also really hates the smell.

        • Yeah smells do affect everyone differently.

          And also, while the smell doesn’t necessarily bother me as much as cigarettes, that’s not to say there aren’t impacts of the second hand smoke too. It may not be the immediate headache, but it’s still not necessarily good to be breathing in.

        • I'm not sure how real this is, but you could be allergic. In my teen years I experimented a bit and there was one girl we knew who said she was allergic to pot. She would get really sick from being around the smoke. So maybe you're allergic to it?

          Again this was teenage talk decades ago so may not even be a real thing.

      • +1

        Hopefully this will go national - and you won’t be affected in the future

      • hang pot plants with horse manure in it as suggested above

    • Cannabis has many ways to benefit that don't involve inhaling smoke. It would be prudent to apply the same rules to cannabis smoking that are made to tobacco, when it is legalised.

    • +5

      Just another in a line of brainless comments from you.

      People are not "losing it" at smokers, people are "losing it" at the action of smoking consistently in areas which cause direct harm to others.

      You need to be able to separate an action from its consequences on others.

      I have no issue if you want to go to a music festival, I do have an issue if you blast loud music at 2am outside my window. Similarly, I do not have an issue with you smoking whatever you want, however I do have an issue if you do that outside my window every day.

      Move along, your "own the libs" view of the world is mindless and stupid. Actually develop some principles.

      • -3

        'I have no issue if you want to go to a music festival, I do have an issue if you blast loud music at 2am outside my window. Similarly, I do not have an issue with you smoking whatever you want, however I do have an issue if you do that outside my window every day.'

        not even remotely close to the situation at hand

        it would be more like you complain about your next door neighbour playing music on his own balcony during the day because the music he plays offends you

        i think you need to start looking at the mirror with some of those insults you're throw mate - also note i never post nor have ago at your point of view despite being extreme left becuz unlike some people i can accept ppl dont always agree….. as for 'own the libs' view in the last 30 years 80 percent of our government have been fairly conservative so i think my view is very much a view most ppl share even this current PM and treasurer is probably considered a 'conservative' dont let the red sticker on the packet fool you the world does not care about you just becuz you can 'mouth off the loudest' nor does it make you 'intelligent'

        for the record you have never made a single 'valid' point but i just dont care enough to argue with someone who 'thinks' they're right all the time i the real world there is often more then 1 point of view maturity is learning that - wisdom is knowing you're a fool arguing with the foolish

        have a good new years eve

        • +1

          Unless the music is so loud that it causes hearing damage, or happens in a way that disrupts sleep, music playing cannot hurt you

          Second hand smoke can 100% cause physical damage.

    • Probably shouldn't comment on something if you don't know anything about it.

  • +7

    Pets/loud music/storing stuff in your carparking space have all been banned routinely for years.

    The case is not about what you think it is. Strata titles already have the legal ability to ban smoking, as the article clearly explains.

    The difference in this case is that the strata didn't have a smoking ban in place, and wasn't willing to introduce one, therefore the residents had to take their neighbors to court to make a case in nuisance instead.

    If the strata had banned or agreed to ban smoking the case would never have gone to court in the first place.

    This case doesn't set any particular new precedent for strata titles at all.

    • +9

      This case doesn't set any particular new precedent for strata titles at all.

      Disagree. It makes others living in strata titles feel more confident about standing up for their right to fresh air and asking strata to implement bans to achieve this.

      • Perhaps. I was just using 'precedent' in the legal sense, as in it didn't set any new judge-made legal principles, which was how OP appeared to be using the term.

        • +1

          Fair distinction.

          Though it could possibly be a legal distinction in that instead of strata brushing it off as in the example, other stratas will now will take it seriously from the start for fear of being taken to court and losing?

          • +2

            @jjjaar: 'other stratas will now will take it seriously from the start for fear of being taken to court and losing?'

            unlikely - as I see it, stratas would more likely be the winners thanks to this story, as it would be easier to tell smokers to stop - no strata is likely to argue smokers can offend others with impunity

            the loser would typically be the one tenant or owner who insisted on their selfish 'freedom' to stink up the place

  • +1

    Our government will just ban balcony instead.

    • I laughed, but given changes to the planning scheme over the last decade that has increased the recommended amount of private outdoor space, I doubt they’ll go backwards.

      • Disclaimer: “Planning Scheme” refers to Vic. Other states have different rules/requirements.

  • -2

    My issue is trucks using compression brakes on my street and diesel exhaust fumes from trucks.

    Should we ban those too?

    Why not?

    How is it different?

    • +5

      You can petition council to prevent trucks from going to your street already. Ask your council?

      For example: https://www.maribyrnong.vic.gov.au/News/Signage-and-cameras-…

      • -2

        Ok. We do that and then groceries or deliveries in that local area goes up in price due to a rise in transportation costs. I.e having to take longer routes.

        Are we ok with that?

        • Yeah because prices aren't already going up anyway…

      • -1

        What if my apartment block was built on a cheapest available land and it happened to be one right next to major road?

        • +3

          First your apartment was on a “street”, now it’s on a “main road”?

    • +7

      You can contact the local council or EPA regarding your matter.

      With regard to this matter, it is clear that the cigarette smoke is causing more of an issue in enclosed spaces.

      • -5

        Oh really? So one cigarette an hour causing more health issues than diesel exhaust fumes 24*7? Dare to explain how?

        • +1

          Why make up bullshit, there aren't exhaust fumes 24/7.

        • It's more like the nasty cigarette stink that stays on 24/7 and the diesel fumes come and go with the truck.

        • Haha, interesting how the brain frames things with respect to bias, isn't it? What about if it was just one diesel exhaust an hour and 24/7 cigarette smoke? Would you be in favour then?

    • +5

      Depending on where you are this is generally outlawed in residential areas.
      Where i work trucks have done this in the middle of the night and have been reported it.

      Its not necessarily the council, moreso the transport/mainroads department

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