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Option B of By-law 9 in the model by-laws (below) clearly anticipates this. But the cost of providing a smoking area for one person may make this prohibitive. This is clearly aimed at schemes where significant numbers of people – possibly from the same ethnic background – find it hard to quit, and can’t smoke inside their homes or on their balconies without bothering neighbours.
Option B
(1) An owner or occupier of a lot, and any invitee of the owner or occupier, must not
smoke tobacco or any other substance on the common property, except:
(a) in an area designated as a smoking area by the owners corporation, or
(b) with the written approval of the owners corporation.
(2) A person who is permitted under this by-law to smoke tobacco or any other substance
on common property must ensure that the smoke does not penetrate to any other lot.
(3) An owner or occupier of a lot must ensure that smoke caused by the smoking of
tobacco or any other substance by the owner or occupier, or any invitee of the owner
or occupier, on the lot does not penetrate to the common property or any other lot.
