Good Day,

This problem might sound silly, but for me it is a big issue.

I live in a duplex unit, occupying the upper unit. My neighbour below me is a smoker and somehow her cigarette smoke enters my unit, even though all my windows are closed. My neighbour starts smoking at 05:00 in the morning which wakes me up every morning. They constantly smokes during the day and therefore my unit reaks of cigarette smoke - day and night. I am well aware of the risks associated with "second hand" smoke.

Since I moved into my complex, about 1 year ago, I have developed sinusites and wake up every morning with scrathcy eyes, throat and a blocked nose - I believe this is because of the cigarette smoke.

According to the complex BC they cannot do anything about this and they advised that I must keep my windows closed! Expecting me to keep all doors and windows closed (which does not resolve the problem) is absurd!

If I had water leaking from my unit into my neighbour's it would've been addressed. The fact that my neighbour's "invisble" cigarette smoke is affecting my health seems to be of no importance.

I have asked my neighbour if it will be possible to at least start smoking at 06:30 in the morning when I leave for work - no luck!

Is there anything I can do about this?

Regards,

Marnitz

Hi Marnitz

Unfortunately the BC is correct, there is nothing that they can legally do to assist you in this regard, as it is not within their duties or powers (i.e. to manage, control, administer etc. the common property).

This situation is between yourself (as an owner) and the owner of the downstairs unit.

It is not a question of the smoke being visible or not.

The water leaking from your unit into another unit would be either the trustees (BC's) duty to maintain S37(1)(j) or the owner's duty to maintain S 44(1)(c).

Regards

Grant