Annoying Strata Issues – Drifting Smoke And Abandoned Goods

21 November 17

I have had a couple of Building Managers ask me recently about what is the current law in NSW relating to smoking on balconies and goods that have been abandoned on common property.

Nuisance Smoking

The model by-laws provide Owners Corporations with options to deal with nuisance smoking drifting to neighbors’ lots and common areas. Owners Corporations can now pass a by-law to ban smoking on the common property and require an owner or occupier to ensure that second-hand smoke does not enter other lots or the common property.

Alternatively, Owners Corporations can pass a by-law to designate smoking areas within the common property.
An Owners Corporation may also choose to adopt a variation of these model by-laws as their own, or may choose not to have a specific by-law restricting smoking.

Abandoned Goods

An Owners Corporation may dispose of goods (other than vehicles) left on the common property if a “disposal notice” has been left on or near the goods to be disposed of. A disposal notice is not needed if the items are perishable goods (such as food) or consist only of rubbish.

A disposal notice (at least A4 size, and resistant to weather), containing certain information must be placed on or near the goods before any items can be removed. The written notice must include:

  • a description of the goods;
  • the date and time the notice was issued;
  • the date and time the goods will be moved from the common property if the goods are not moved or collected (not earlier than 5 days after the notice was placed on or near the goods);
  • contact details of a member of the Strata Committee, the strata managing agent, or a nominee of the Owners Corporation that can be contacted if necessary.

An Owners Corporation can move goods which are obstructing common property to another area of the common property before placing the disposal notice on or near the goods. Care should be taken not to damage the goods in doing so. No notice is required before moving the goods in this circumstance.

An Owners Corporation can dispose of goods by selling them or in any other lawful manner. The proceeds of any sale must be paid into the administrative fund of the Owners Corporation.

Anyone who purchases the goods receives a title to the goods, freed and discharged of any interest of any person who would otherwise have an interest in them.

A written record of the goods sold must be kept for at least 12 months. The person who owned the goods originally may apply to the Tribunal to seek to be paid the funds.

Liability limited by a scheme approved under Professional Standards Legislation
Disclaimer – This article is provided for information purposes only and should not be regarded as legal advice.


Contact Us Now

Phone:+ 61 7 5552 6666
Fax:+ 61 7 5528 0955
Address:Level 2, 17 Welch St Southport, Qld, 4215
Postal:PO Box 1876
Southport 4215



Most Popular Articles

Management Rights News

Number of news items returned: 1 to 15 records of 113

The Different Types of Caretaking Agreements

17 November 2014


 Essentially, there are three types of caretaking agreements in the marketplace: “Do” agreements; “Supervisory” agreements; Hybrid “Do” and “Supervisory” agreements. “Do” Agreements A “Do” agreement ...

Unit Entitlement in NSW

11 February 2013


The issue of unit entitlement was recently looked at again as part of the Department of Fair Trading’s Discussion Paper ...


16 July 2015


This month, we continue our examination of various clauses within caretaking and letting agreements and the important considerations to be ...

Is it Time to Change the Management Rights Model?

13 May 2013


I think the time is right for the management rights industry to explore the creation of a new model. I ...

What Managers Need to know about the NSW Child Window Safety Devices Act 2013

17 January 2014


Resident building managers have general obligations under their Caretaking Agreements to assist Owners Corporations with building and compliance issues. Managers ...

Short-Term Letting, Occupancy Limits And Tenant Representatives In NSW Strata

25 July 2017


Occupancy Limits By-laws in NSW may limit the number of adult residents in a lot. The limit however cannot be fewer ...

Be Careful with your Proxies!

03 October 2013


In June this year, I wrote an article headed “Proxy Farming”, which set out the relevant restrictions on caretakers using ...

The Law Relating to Management Rights in Queensland

14 June 2010


This article looks at the legislation in Queensland dealing with the constraints and obligations imposed on developers whilst they control ...

Duty Bound or Duty Free - Do you know what Your Duties Are?

23 September 2013


The day-to-day care and maintenance of your resort facilities and communal areas is essential to its ongoing performance and success. ...

Caretaking and Letting Agreement Essentials Part 1

03 September 2014


We regularly prepare caretaking and letting agreements for new developments. However, it has become increasingly common for us to be ...

For Your Eyes Only!

15 April 2013


Information is a commodity and for many, information is power. As you would most likely know from personal experience, the right ...

Owners Corporation Insurance - How do we Stop the Spiraling Costs?

12 August 2013


In NSW, all strata schemes are required to be insured for the full replacement value, as well as public liability ...

Proxy Farming

10 June 2013


It is often stated that Strata and Community Schemes represent the “fourth tier of Government” and, as such, voting (either ...

"Legal Action", All those in Favour say "Why"

15 July 2013


I was recently involved in a New South Wales matter where an Executive Committee had received extensive legal advice from ...

Not Getting the Fundamentals Right

15 October 2013


A recent decision of the NSW Consumer, Trader and Tenancy Tribunal (CTTT) has highlighted the importance of ensuring that the ...