Whale is correct in saying there are no new ‘model by laws’ in regards to smoking. Even if a no smoking by law is released in the newest set of model by laws (which will be released with the new Act possibly in 2016) your scheme would have to choose to adopt it. You may as well create your own by law in regards to smoking right now.
Currently you have section 117 of the SSMA which may cover you for now, where owners and occupiers are prevented from creating a ‘nuisance’ or ‘hazard’ which smoking arguably is. However to enforce this section you will need to go through mediation and adjudication (which is a long long process).
Well I am sure some schemes have tried to implement a ‘no smoking’ by law, but in my view, it would be very difficult and cumbersome to enforce. I think a blanket no smoking by law would be unfair, even though I am against smoking, I believe those who wish to smoke in their units should be allowed to do so, as long as they are not affecting any other lot owner.