› Flat Chat Strata Forum › Smoke gets in your eyes › No respite in Mosman › Current Page
Winston Smith said:
Last year our Executive Committee passed a by-law banning smoking not only on all the common property of the building (balconies, footpaths, car park etc) BUT in each unit too! The also passed a by-law banning the use of BBQ’s on the property. We’ve had a couple of smokers try to breach the by-law, and in response, the EC sent them letters informing them that if they continue to break the by-law, not only do they risk having their lease terminated, but they also risk being fined for breach of by-law (i.e. being issued with a Notice to Comply with a By-Law, that carries a penalty of $550) and will even be charged for any damage caused to their unit and the common property, such as having the walls repainted, carpet dry cleaned etc. Listed below are the two by-laws in case anyone else would like to use them in their strata scheme:
1. By-law prohibiting smoking on the premises:
(i) The owner or occupier of the lot must not smoke nor allow smoking within a lot or within the common property.
(ii) Without limiting para (i), the owner or occupier of a lot must not allow any
invitee to his lot to smoke within the lot or upon the common property.
2. By-law prohibiting the use of BBQ’s on the premises:
No owner or occupier of a lot may use (nor allow any other person including their invitees to use) any cooking device including any form of barbeque – whether gas, electric or otherwise – on any balcony or terrace forming part of their lot or elsewhere on the common property.
For anyone insterested in using either by-law in their own strata scheme, I recently tracked down the contact details of the company that originally drafted the by-laws for us, so it's best to get your EC/managing agent to contact them if you wish to use them yourself:
J S Mueller & Co
1st floor
240 Princes Highway
Arncliffe NSW 2205
0295621266