Can Queensland Strata Schemes Introduce a Standard No-Smoking By-Law?

A no smoking by-law or policy is unlawful. The law, as it stands now, is that smoking is a lawful activity and bodies corporate cannot:

1. prohibit an otherwise lawful activity (for the same reasons it cannot ban pets); or
2. make rules that are inconsistent with legislation.

That said, what is not lawful is smoking in a:

1. way that unreasonably interferes, causes a nuisance or causes a hazard with another person's use and enjoyment of their lot or the common property – pursuant to section 167 of the Body Corporate and Community Management Act 1997 (Qld); or
2. substantially enclosed area on the common property – pursuant to the Tobacco and Other Smoking Products Act 1998 (Qld).

Accordingly, a by-law that mirrors these requirements would be enforceable. A by-law that oversteps these restrictions would be unlawful.

I would be happy to be engaged to assist by drafting a motion and by-law to propose an enforceable smoking by-law. This would need to be approved by special resolution and a new community management statement recorded in the Titles Office.