For those ocupants of strata units who are smokers BEWARE.
A recent judgement found against a smoker whose trail of smoke from within her strata unit infiltrated her neighbour’s unit.
The decision found that the smoker should have ensured, while smoking in her unit was permissible, nevertheless, precaution should heve been made to ensure the smoke from within the unit did not find it way into the neighbour’s unit. In so doing the smoker had caused distress to the neighbour who complained the smoke was bad for his health.
Incidentally, if the smoke finds it way into common property and is found to cause distress to occupants the smoker will also be held responsible for his/her smoking.
So, the mora of this case is: if you smoke in your strata unit be doubly sure the smoke does not infiltrate into another unit or the common property.