Can I assume that the smoking by-law was defeated by smokers who want to be able to smoke outside their house but not have to leave the suburb to do so?
Get your Owners Corp to revisit the smoking by-law, this time by defining a “smoking area” where residents can go and smoke and not bother anyone else, under the terms of the Model By-Law 9 Option B (below).
If you need photographing evidence, get someone to take some pictures on a phone, perhaps while someone distracts them with a chat about the weather.
9 SMOKE PENETRATION
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.