The first and best option is to make sure the objectors don’t raise the necessary 25 percent of unit entitlements needed to block the by-law. That means gathering as many votes and proxies at the meeting as you can.
Part of that process will be to convince owners that if they don’t pass the by-law, and don’t have a by-law about smoking in place at all, the model by-law will apply by default.
Also, strata laws on nuisance – which supersede by-laws – will mean the owners corporation can look forward to months if not years of expensive legal action, defending a position that most of them don’t agree with.
On the other hand, rejecting the by-law means the smokers have fluffed their last chance to moderate conditions that could see them prevented from smoking anywhere in the building, including their own homes.
Or you could just let them shoot themselves in the collective foot.
If it were me, I’d be circulating a politely worded and succinct leaflet about how horrendously expensive it could be for everyone if they don’t pass a reasonable by-law.
And I might chuck in a line about how not controlling cigarette smoke could lead to barbecues being banned too. Don’t explain (it’s drawing a long bow). Baffle them with BS and blind them with science.
If that fails, you can petition NCAT (possibly under section 148 – revival of repealed by-laws) to order the owners corp to adopt a reasonable by-law that controls smoking – not on common property and not on balconies if it drifts into other lots. The owners corp may well decide not to defend the action on grounds of costs.
This option would definitely benefit from consulting an experienced strata lawyer.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 1 year, 9 months ago by .