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Does anyone know if the new model bylaws regarding non-smoking on common property – specifically balconies – can also apply to small gardens attached to individual town-houses in a strata scheme? (We are thinking of adopting such a bylaw in our scheme, and want to be prepared for any objections based on law. The smoke of course drifts from one garden to another.)
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If you’re in NSW, then as far as I’m aware there is no model by-law to prohibit smoking within strata-titled buildings, only sporadic prognostications by the Minister/s and his Department that have to date gone down the same path as the reforms to strata law; nowhere!
That’s not to say that your Owners Corporation could not itself resolve to create such a Special By-Law in a form that’s suitable for its Strata Plan, although enforcing that (for the want of a better term) would be an interesting exercise.
You may find some useful information HERE.
Has anyone here managed to implement smoke free? How difficult was it to get landlords to come on board? And how difficult has it been to enforce?
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.
I heard at the last Owner Corporation Network ACT meeting that at least one ACT OC had done this with their own rule (aka bylaw).