Smoking Laws within common areas in apartment blocks?

flanzer

I've already posted this in the After Hours Forum.
..................

I've run into a slight problem in the last number if weeks with my neighbour! She's decided to take up smoking, and I mean, smoking like a trooper! But rather than smoke her own apartment out of it, she likes to smoke the common area out of it and leave her ciggy butts stacked neatly in a pile in her ash tray on the window sil compounding the smell even further!!
Most of the time she'll 'courtiously' leave the landing windows open causing a nice thru-draft that would freeze the balls off a brass monkey!

I've had a run-in with her before a few months back, over her leaving her stinking rubbish out, but we've reached a level of decorum in the last number of weeks and would rather not stir it up again!

BTW I bought some small no-smoking stickers this morning which I stuck neatly to the windows this morning which were 'mysteriously' removed within the last hour!

I rang the management company this morning to see could they do anything about it, but they will get to me tomorrow.

Has anyone ever come across this before? Or know the legalities of it being a common/public area etc?

Cheers

*COUGH*......*COUGH*.......*COUGH*......

aido_2006

slot an aul fish behind da grill of her car so it gets cooked in the radiator and therefore the poor woman will spend months trying to get the smell of dead fish out her car!!

flanzer

I like your thinking but her car park spot is beside mine and I couldn't handle that smell in the morning!!

KTRIC

Take up Heroin and start leaving dirty needles around the common area's. If she objects tell her that you don't like shooting up in your apartment because its too clean and you want to get a feel for what its like to be a junkie.


Worked for me

LegacyUser

I'm not sure if you rent or own - but I would wait and see what the management company have to say. Not sure if you are being OTT or not. I sympathize with you though - becuase she should be cleaning up after herself and her habit - not subjecting those around her to it

seamus

Smoking laws only affect places that are classed as workplaces. Now, unless the management company can agree that the common area is a "workplace" for their staff, you're out of luck I'm afraid.

aido_2006

right so buy a 16lb salmon and everytime she doesnt clean up give her a smack across the face with the raw salmon everytime she doesnt clean up.. probably get done for assault for the amusement would be immense!!

RobY

Hi,

Not sure if you'll be able to get access to it but the lease used to 'sell' the property by the builders to the apartment owner usually includes covenants and conditions that apply to the Lessor (Builder), Management Company and individual apartment owners. This covers everything from plumbing to building to conditions affecting the common areas. In my lease, smoking is prohibited in the common areas. One of the jobs of the Management Agent (on behalf of the Management Company) is to enforce the conditions in the lease. I imagine that a Landlord would be responsible for his tenant sticking to the conditions.

Rob

LegacyUser

Why is she smoking in the common area and not in her own appartment?

flanzer

Why is she smoking in the common area and not in her own appartment?

That's a good question bubby!!
She's owns the apartment with her mate so presumably her mate doesn't like the smell of smoke in the apartment?!?! Baffles me why she let's her smoke in the common area though?!

Some woman are just a strange breed of cattle!!

Victor

There are rules for common areas in the smoking ban, but I'm not sure what they are. Its one of those fuzzy areas like hotel bedrooms, prisons and psychiatrics hopitals where smoking is allowed.

I'm leaning in the direction of it not being allowed.