In West End a lot of people now live in homes that are apartments. Living in close proximity to your neighbours may bring challenges to notions of careful thought for your neighbours, respect and peaceful living.
The majority of apartments are subject to rules under the Body Corporate and Community Management Act 1997. Some of those rules change how we conduct our lives in ways once unimaginable – take for example what might happen with a neighbour objection to drifting smoke or vape odours. Once upon a time we all tolerated or endured smokers but no longer can such sufferance be assumed. Here’s how a dispute over smoke or vape odours irritating a neighbour could unfold today:
Neighbour A complains to Neighbour B about the smoke or vape odours escaping their balcony or their exclusive use courtyard and asks them to stop smoking there because it is hurting their health. Neighbour B ignores the request. Neighbour A complains next to the body corporate with evidence the odours are causing them harm but with no resolution of their complaint.
Neighbour A then takes their complaint to the community management adjudicator in the Office of the Commissioner for Body Corporate and Community Management. The adjudicator, hearing the dispute and ultimately agreeing with Neighbour A makes an Order that states: I Order that the occupiers of Neighbour B’s property are not to smoke or vape on Neighbour B’s balcony or in their exclusive use courtyard.
The smoke or vape odours continue to irritate Neighbour A. Neighbour A complains to the Magistrates Court that the Adjudicator’s Order has been breached. Neighbour B must appear at Court to answer the complaint or risk a Court Order being made in their absence. Neighbour A produces to the court evidence supporting their complaint. Neighbour B is able to put evidence of their denial of the alleged breach to the Court. The Court will then decide whether or not there has been a breach of the Adjudicator’s Order.
If the Court finds Neighbour B has breached the Adjudicator’s Order then Neighbour B becomes an offender under the Penalties and Sentences Act 1992. Neighbour B will be dealt with using that Act. Generally, a person who contravenes an order of the adjudicator is liable to a fine. The penalty maximum is $64,000. Also, there might be a criminal conviction recorded against Neighbour B.
If you want to look in more detail at the law: See Parts 9 – 11 Body Corporate and Community Management Act 1997 and the Penalties and Sentences Act 1992 at https://www.legislation.qld.gov.au
Done by Law
May 2026
