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The issue raised in this article is something that we have a particular interest in.
As mentioned before, an owners corporation can pass and enforce a by law restricting smoking on common property and in lots if that annoys people in their lots or while on common property.
If people see simple and reasonable smoking restrictions in the by laws, then they will be more likely to observe the rules. A nuisance case requires an interpretation of complex provisions of the Strata Schemes Management Act 1996 that do not specifically mention smoking.
Such a by-law should – use simple language, apply to owners and occupiers, make owners and occupiers liable for invitees and catch smoke drift from private lots.
Teys Lawyers
