Question: We are currently being affected by someone smoking inside their unit. Can provide an example of the no smoking bylaw to ban smoking in apartments?
In the other Q&A on this post, you mentioned you have had multiple strata plans pursuing such a ban on smoking in an apartment. Can provide an example of the no smoking bylaw?
We are currently being affected by a strata resident smoking inside their apartment, on their balcony and in common areas. The smoke and smoke drift penetrates the common stairwell and our unit even when our windows are closed.
We would like to introduce a rule that owners or occupants must not smoke on their balcony or in their courtyard to minimise smoke drift. However, our strata body seems very reluctant to consider any sort of rule so we hoped to provide some examples.
Answer: We have provided a sample bylaw to ban smoking in apartments below.
Unfortunately, without the support of the committee and owners, you will not get a change of rules through the meeting.
I have provided a sample below but if you did get the support of the plan, we suggest you have the bylaw written up by a solicitor.
Your only other option is a private action against the resident through ACAT for an order as the smoking is disturbing your natural enjoyment of your unit.
Ban on Smoking ByLaw: No Smoking on Common Property
Smoking is not permitted in common areas, including but not limited to car parks and stairwells.
Smokers must show consideration when smoking in their apartment and/or balcony and avoid smoke drifting into adjacent apartments causing concerns to other residents.
If a complaint is registered then the offending resident must ensure that their smoke does not drift into neighbouring units or must cease smoking in the unit or balcony.
This post appears in Strata News #476.
Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700
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