Regarding the smoking on common property by-law, I would think the easiest solution is for the minority owners – you – to take the scheme to NCAT to get the Tribunal to pass an order that the bylaw be accepted and registered. This is a health and safety issue and should not be ignored.
I’m guessing here – and I’m not a lawyer – but you might look at section 232 of the Act (failure to fulfil a function) and link that to Section 9(2) “The owners corporation has, for the benefit of the owners of lots in the strata scheme … the management and control of the use of the common property of the strata scheme.”
You might argue that an influential minority is preventing the good running of the building and that the scheme should be ordered to pass a by-law that would protect common property and remove something that is hazardous to the residents’ health,