#77786
Jimmy-T
Keymaster

    Pretty sure the Tribunal can’t order the OC to pass a by-law.

    The Tribunal can order the owners corp to take action to resolve a problem.  If the best way to resolve the problem is to pass a by-law, then that’s what they are doing without saying as much.

    That being said, even if we did have a by-law like this, it’s pretty hard to enforce because you’d have to catch them in the act.

    By-laws don’t need to be enforced or policed to be effective.  They send a signal to people that certain activity is unacceptable; not having one does the opposite. If I were in your building, I would be taking the OC to NCAT over this – passive smoke kills people and the Strata Act recognises this. Stubbing out cigarettes on common property is already a breach.  Both are disgusting habits – and I speak as a former smoker.

     

    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.