Pretty sure the Tribunal can’t order the OC to pass a by-law.
The Tribunal can order the owners corp to take action to resolve a problem. If the best way to resolve the problem is to pass a by-law, then that’s what they are doing without saying as much.
That being said, even if we did have a by-law like this, it’s pretty hard to enforce because you’d have to catch them in the act.
By-laws don’t need to be enforced or policed to be effective. They send a signal to people that certain activity is unacceptable; not having one does the opposite. If I were in your building, I would be taking the OC to NCAT over this – passive smoke kills people and the Strata Act recognises this. Stubbing out cigarettes on common property is already a breach. Both are disgusting habits – and I speak as a former smoker.