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Understanding Body Corporate Disclosure Statements
In Queensland, the law mandates that sellers of lots in community title schemes provide a disclosure statement to prospective buyers before entering into a contract.
Home » Legislation » Smoking: A health hazard to be restricted in strata
For many years, adjudicators considered whether the smoke-drift constituted a nuisance or an unreasonable interference with another lot. <br><br>
The words nuisance, and unreasonable interference have specific legal meanings. To satisfy a nuisance or unreasonable interference application, the applicant would need to demonstrate the amount of the smoke-drift, the frequency of it, the severity of the impact, and that the issue was not just the applicant’s increased sensitivity to the smoke-drift.
To illustrate nuisance and unreasonable interference, consider a pet example.
If your neighbour had a pet dog which barked occasionally (up to 5 times per day):
Previous adjudication decisions considered that occasional smoke drift and smoking odour was often not significant enough to be considered a legal nuisance, or to cause an unreasonable interference with a person’s enjoyment of their lot. In the dog analogy, the dog was not barking loudly or often enough to be considered a nuisance.
In Queensland, the law mandates that sellers of lots in community title schemes provide a disclosure statement to prospective buyers before entering into a contract.
Understanding how your individual levy amount is calculated can help you appreciate where your money goes and ensure transparency in the management of your community. Here’s a breakdown of the aspects involved in calculating levy amounts.