337. Your step-by-step process for solving cigarette smoke drift in strata
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Strata lot owners Brenton Pittman and Lynette Cartwright are fresh from an NCAT victory, brandishing orders that ban their downstairs neighbours from smoking on their balcony, and require the smokers to ensure that smoke does not enter Brenton and Lynette’s home. In this chat, Brenton walks me through their hard-fought battle (which took 3 separate sets of Tribunal proceedings) and answers my question “was it all worth it?”
Links mentioned:
- Get the transcript here!
- Pittman v Newport [2022] NSWCATCD
- Section 153 | Owners, occupiers and other persons not to create nuisance | Strata Schemes Management Act 2015 (NSW)
- Section 106 | Duty of owners corporation to maintain and repair property | Strata Schemes Management Act 2015 (NSW)
- The lawyer acting for Brenton and Lynette in their application was Kasey Haddon: kasey@oneillslaw.com.au
Hi Brenton
Your presentation was very interesting and I can feel your frustration. Was it worth it? I don’t believe so. Even if you are in the Right, the wrong doers are usually ingnorant and continue annoying you. I heard from other cases that even when orders are made, they are not followed, and there are no consequences.
Your situation confirms to me STAY AWAY FROM NCAT.
I hope that you find peace.
PEC
I don’t understand this reply, whilst the process is torturous if you don’t go through ncat (if it gets to that) then you can’t enforce compliance through punitive measures.
I agree, Mark, and this is covered in the episode. Sounds like PEC may not have got that far.
Amanda.