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[villageidiot]

@PeterC said:
With the caveat that I am in the ACT, I would expect that an ordinary resolution is >50%, not just 50%, so in your case that would be 5 of 8 if all take part in the meeting, 4 of 6 or 7 if 1 or 2 don’t take part (in person or by proxy), 3 out of 4 if half your members don’t take part and so on. 

As all your units have the same value a poll vote where votes are weighted by unit entitlements would make no difference. 

A recent discussion on ‘voting on a special resolution’ might be relevant here. 

Again with the caveat that I am not in NSW, I think a special resolution (which you need for a by-law) is also based on whoever takes part. If a few members do not show up or put in a proxy/absentee vote then the vote would be based on 75% of the 5, 6 or 7 members who do take part. 

I assume that (like the ACT) a bylaw in NSW is subordinate to the Strata Act and other legislation. So you could only ban smoking (or anything else) if there is not some other law preventing you from banning it. I would think you would not have a problem banning it on the common property but within units might be harder to enforce or defend. I would be pointing out to owners who might not feel strongly about the issue that their unit value is likely to be greater rather than less if they could sell their property as part of a non-smoking building. 

Thanks for the advice Peter.

Moderator/Jimmy T you may like to repost this thread in the ‘Smoking’ section of this forum as well. I am sure many others would be very interested, especially in this link about smoking in Strata buildings which is very enlightening.

https://www.ashaust.org.au/lv4/…..ousing.htm

I hope in the recent review of Strata Laws that the government takes a much stronger stance on preventing smoking in Strata buildings. They know the serious health implications of smoking and passive smoking, thats why smoking has been banned in all public buildings, office buildings, shopping centres, bus shelters, restaurants, pubs and clubs and many other places throughout Australia.  We should be able to choose to stop it in our own homes.

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