@Queenslander said:
Smelling smoke isn’t the same as breathing smoke. People have a right to smoke and the body corporate cannot prohibit this.
I can’t really see how someone can smell smoke without breathing it.
An owners corporations can prevent people from doing anything that breaches by-laws, and that includes smoking on common property (like balconies) or in a way that interferes with another persons’s health or peaceful enjoyment of their lot.
The legal precedent has been set in NSW that if you can’t prevent smoke from travelling from inside one person’t unit to another’s, then the only way to do so is for the smoker to stop smoking or move out.
Arguing about degrees of distress caused get us nowhere. It’s either a problem or it isn’t. Smoke kills people and affects their health in other ways. As ever, Queensland finds a way of letting the selfish do what they want at everyone else’s expense