While there seems to be some fun being had in this thread (and why not?) this can be a deadly serious issue. Fair to say, for some people, smoking is a drag.
But in all seriousness, in Queensland, the Body Corporate Legislation provides that a person must not use their lot or common property in a way that causes a nusiance or hazard or that interferes unreasonably with the use or enjoyment of another lot included in the scheme (BBCMA s 167).
However, the line between ‘inconveinence’ and unreasonable interference can be difficult. The QCAT has determined that to amount to a nuisance (as a matter of law), the cigarette smoke emanating from the adjacent lot must be ‘of such volume or frequency that it would interfere unreasonably with the life of another lot owner of ordinary sensitivity.’
Is smelling smoke an unreasonable interference? Depends, how often does it happen? How much smoke is actually entering the lot (is there any way to objectively measure this?) Is it always coming from the same source? Are you jsut hyper-sensitive to it?
Smelling smoke isn’t the same as breathing smoke. People have a right to smoke and the body corporate cannot prohibit this.
(I’m not saying I agree, I’m just saying this is the position at law in Queensland).