Smoking in Strata

Smoking – where do we start?

There is a range of legislated rules https://www.qld.gov.au/health/staying-healthy/atods/smoking/laws/index.htm) around smoking. Smoking has now been banned in aged care facilities and one of the recent state government discussion papers on strata title laws specifically asked for comment about smoking in strata title schemes.
Section 167 of the body corporate and community management act 1997 states:
“The occupier of a lot included in a community titles scheme must not use, or permit the use of, the lot or the common property in a way that –

a) Causes a nuisance or hazard; or
b) Interferes unreasonably with the use or enjoyment of another lot included in the scheme; or
c) Interferes unreasonably with the use or enjoyment of the common property by a person who is lawfully on the common property.”

Strata Community Australia (QLD) President, Simon Barnard, has been reported as stating “This is a complex and very emotive issue and is not one for simplistic solutions that sound good at the time. People owning and living in strata properties should be treated fairly. They should be empowered to restrict smoking on balconies and in common areas if they so wish through their body corporate structures. Standalone home owners can smoke in their homes or outside of their homes and keep a pet if they wish. In strata schemes, it’s about just that – having the right to decide what you want for where you live, of course by the way of a democratic process. This principle balance the rights of the owners as well as addressing responsible public health policy. Discriminating against the rights of owners is hardly going to be a long term solution.