As sunnier weather arrives across Sydney and NSW, balcony smoke drift becomes a primary trigger for strata disputes. Whether it’s tobacco smoke, vaping aerosols, or heavy charcoal BBQs drifting into open windows, smoke penetration rapidly undermines peaceful living and degrades resident health.

Where Does the Law Stand?

Under Section 153 of the Strata Schemes Management Act 2015 (NSW), residents are strictly prohibited from causing an unreasonable nuisance or hazard to others.

The Civil and Administrative Tribunal (NCAT) consistently treats persistent tobacco and vape smoke drift as a statutory breach. While ordinary domestic cooking is expected, heavy, recurring, or unmaintained BBQ smoke that floods an adjoining lot also crosses the line into an actionable nuisance.

Why Default Model By-Laws Fall Short

Relying on generic Model By-law 9 creates serious exposure for owners corporations. Standard templates lack explicit enforcement mechanics for modern issues like vapes, fail to set clear BBQ operational guidelines, and routinely lead to costly procedural delays at NCAT.

With heightened statutory compliance expectations placed on committees, having legally watertight, custom-drafted by-laws is essential to uphold building standards and secure swift tribunal enforcement.

Action Plan for Strata Committees

• Address Issues Early: Initiate direct, informal communication before disputes escalate.
• Build an Evidentiary Trail: Instruct affected residents to log dates, times, duration, and wind direction.
• Implement Custom By-Laws: Replace outdated default rules with tailored, enforceable restrictions specific to your building’s footprint.

Is Your Building Protected for Summer?

Generic, off-the-shelf rules leave your committee exposed to procedural roadblocks and unresolved resident conflict. Protect your building’s peaceful enjoyment with bespoke rules designed to hold up under legal scrutiny.

Ensure your strata scheme has an enforceable, custom by-law.