April 22, 2020 at 5:46 pm #2601
I hope everybody is staying well and safe at home.
I received a warning letter from Simon Foster saying smoking on the balcony is a nuisance and the board of Rainbow Quay will treat smoking on the balcony as a breach of lease as it has a direct impact on the neighbors who wish to have their windows open. Simon referred the clause of the lease is as following:
section 1 of the first schedule of the lease of Rainbow Quay states:
1. Not to do or permit or suffer anything to be done in or upon the Premises or any part thereof which may be or become a NUISANCE or ANNOYANCE or cause damage or inconvenience to the lessees or occupiers or other properties on the Estate nor may the Premises be used for any immoralillegal or unlawful purpose.
I am not sure if the above restriction has been discussed openly with the residents in Rainbow Quay.
Your comment is welcomed!
April 22, 2020 at 8:33 pm #2603
Up and down the country, across all continents people can smoke freely in their balconies. Within their premises, in open air, what have they done wrongly?
If any directors sitting on board see this, I would appreciate if they can shed some lights on the following questions:
Has the subject of banning smoking on balconies been thoroughly discussed on board?
Any conclusion made? All directors agree that it is a breach of the Lease?
Has the board seek legal advice on the consequence of banning smoking on balconies?
Thank you very much.
April 22, 2020 at 10:41 pm #2604TenantModerator
Hi everyone !!
I hope you all well
And safe !
I appreciate living in community that is safe and well taken care of .
But not to extend when’ breach is mentioned but not really clear in rules of association’
As well as long as people
Are respecting each other , smoking in the balconies should be ok .
End of the day it’s our homes and balconies !
I woudnt smoke seeing small child next door etc , as common sense apply .
But I don’t agree with telling us it’s prohibited but not showing us the legal back up , behind it all.
I am very open to hear everyone’s opinion .
April 24, 2020 at 11:36 am #2605
I have heard from Simon Foster this morning saying that the board of directors will issue a statement shortly pending on the return on some legal advice.
April 24, 2020 at 1:18 pm #2606EmmaJonesModerator
I am a smoker at Rainbow Quay, I don’t see what the problem is. I smoke inside as I know it would upset my neighbors. In Australia it is against the law. I don’t need a law to tell me I should try my best to not impact the health of somebody else. Sounds like your selfish.
May 13, 2020 at 12:36 pm #2609TimModerator
The original message from PNA is very histrionic.
I’m with Emma on this. It’s about consideration for your neighbours, therefore If you want to smoke, then do it inside the flat.
In the summer months you need your windows open for ventilation and it’s unpleasant to have cigarette (or marijuana which I’ve also smelt here) wafting through them. There is also the issue of passive smoking and it’s links to cancer. I realise you can get this from walking along the street, but it’s my choice to do so. I don’t want it in my own flat.
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