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Whether it’s cooking smells, cigarette smoke, pet odours, rubbish, or drainage issues – odours can quickly affect the enjoyment of lots and common property and escalate into disputes if not handled properly.
So what causes odour issues, and what can bodies corporate do about them?
Common Sources of Odours in a Body Corporate
- Cooking smells and vapours from poorly ventilated kitchens
- Smoke from cigarettes, vaping, or other sources
- Pets and their litter areas
- Rubbish rooms, bin chutes, and disposals
- Plumbing and drainage issues, such as blocked pipes or dried floor wastes
- Mould and damp, often caused by leaks or humidity
- Older buildings, which may lack modern air filtration or ventilation systems
Some smells are intermittent and minor, while others can be persistent enough to interfere with day-to-day living.
Is an Odour a Nuisance?
Under Queensland body corporate legislation, owners and occupiers must not use their lot or common property in a way that causes a nuisance or unreasonable interference with another person’s use or enjoyment of their lot or common property.
This is where odour complaints become tricky. Not every unpleasant smell will meet the legal threshold of a nuisance.
Factors often considered include:
- How often the smell occurs
- How long it lasts
- How strong or intrusive it is
- Whether it could reasonably be avoided or mitigated
- The nature of the scheme, for example, high-density living versus townhouses
A one-off cooking smell is unlikely to be a breach. A persistent odour that regularly impacts neighbouring lots may be another matter entirely.
Lot vs Common Property Responsibility
Determining responsibility is key to resolving odour issues.
- Lot-based causes such as cooking, smoking, pets, or poor housekeeping, are generally the responsibility of the owner or occupier.
- Common property issues such as faulty ventilation systems, shared plumbing, bin rooms, or drainage infrastructure, fall to the body corporate to investigate and maintain.
In many cases, expert advice may be required to determine the true source of the smell, particularly where services are shared between lots.
What Can Committees Do?
Committees should approach odour complaints carefully and consistently. Practical steps may include:
- Requesting the complainant provide details, including timing, duration, and impact
- Asking the responsible owner or occupier to take reasonable steps to reduce the odour
- Arranging inspections or reports to identify building or maintenance issues
- Reviewing by-laws relating to nuisance, smoking, pets, or use of lots
- Issuing a contravention notice if there is evidence of a by-law breach
Importantly, committees should avoid assumptions and ensure any action is supported by evidence.
Resolving Odour Disputes
Many odour issues can be resolved without formal enforcement. Simple solutions might include improved ventilation, sealing gaps, maintaining floor wastes, modifying cooking practices, or adjusting how rubbish is stored and removed.
Where informal resolution isn’t successful, disputes may ultimately be referred to the Office of the Commissioner for Body Corporate and Community Management for conciliation or adjudication.
Living Closely, Living Considerately
Odours are an unfortunate reality of shared living. While bodies corporate have an obligation to manage common property and enforce by-laws, residents also play an important role by being mindful of how their activities affect others.
Addressed early and handled reasonably, most odour issues don’t have to turn into long-running disputes, and everyone can breathe a little easier.
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