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Topic
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Have had some complaints about smoking on the outside common property from residents. Smoke wafting up to people’s balconies etc.
Our scheme was registered pre 1974 and what I can gather is we are under the Schedule 2 by-laws which has no clear smoking by-law.
The newer schedule does. I presume we will have to update our by-laws at the next AGM for its inclusion.
In the meantime, are we just left with using the disturbing the peaceful enjoyment of a lot by-law to come down on smoking on the common property.
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@david2708 said:
I presume we will have to update our by-laws at the next AGM for its inclusion.In the meantime, are we just left with using the disturbing the peaceful enjoyment of a lot by-law to come down on smoking on the common property.
No, if you and your neighbours consider the issue serious enough, you can hold an Extraordinary General meeting (EGM) specifically to update that by-law and any others that require attention. If you do so, you’d be well advised to use model by-law No 9 (below)as your starting point.
9 Smoke penetrationNote.Select option A or B. If no option is selected, option A will apply.
Option A(1) An owner or occupier, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property.
(2) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.
Option B(1) An owner or occupier of a lot, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property, except:
(a) in an area designated as a smoking area by the owners corporation, or
(b) with the written approval of the owners corporation.
(2) A person who is permitted under this by-law to smoke tobacco or any other substance on common property must ensure that the smoke does not penetrate to any other lot.
(3) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.
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