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QLD Smoking Dispute With Neighbour Lead to Assault?

Discussion in 'Property Law Forum' started by Debster, 7 July 2016.

  1. Debster

    Debster Member

    7 July 2016
    Likes Received:
    I have a dispute with the apartment above, which is the partner of the director of the body corporate committee/ For a year and a half about, my partner and I have been smoking on our balconies. In December 2014, he hosed us and got us wet before we went to work and verbally abused and harassed us, then he fluffed his rug over the balcony causing us to breathe in the dirt and dust from the rug in October 2015.

    In March 2016, he placed in our letterbox a final notice demanding that we stop smoking, then on next day on, our patios. We attempted to negotiate, giving time frames that we would not smoke during 8:00am to 6:00pm. No reply was received from the body corporate except for a letter in April 2016 demanding that we no longer smoke on our front patio and that we smoke from our back patio.

    We abided by the letter and then a month ago, he assaulted me again in the morning throwing liquid on me. I called the police and was informed that it was a form of assault and that the police would be over. The police came over and I showed them where the assault happened and showed the letter allowing us to smoke on the back patio. They do not believe that he could have thrown the water on me due to the distance between the patios.

    We have now been sent another letter that says that we are unable to smoke on either patio.

    A vote passed in June by the Director and the Treasuer are saying that we can no longer smoke on our balconies. There is no by-law about smoking and I believe there is a conflict of interest with the director. The partner has not complied with 2 clauses of the by-laws and that the whole matter is invalid.

    I need help as to where I stand with this as I can not get a reply from the body corporate or any parties in relation to this. I am having major anxiety in relation to the matter.
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    Give up smoking?
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    Gorodetsky likes this.

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