This article discusses body corporate cigarette smoke nuisance.
Question: What can an owner do if neighbours’ cigarette smoke drifts into their lot, but the body corporate refuses to act because it has not updated its by-laws?
My neighbours smoke cigarettes. The carcinogenic smoke drifts into my backyard and into my home. I emailed the body corporate, but they refused to act. They said that although legislation now confirms smoking is a nuisance and allows bodies corporate to register by-laws prohibiting smoking on common property and outdoor areas of lots, our scheme has not reviewed or registered new by-laws. They advised that this means they cannot issue a notice of by-law breach to the occupants for smoking in their exclusive use yard. Is this correct?
Answer: If there are existing by-laws that regulate causing nuisances or hazards, the lot owner can ask that the committee enforce these by-laws.
Even though the new legislation allows by-laws to prohibit smoking in certain areas, the committee is still obliged to enforce the current by-laws. In some instances, there will be existing by-laws that regulate nuisances or hazards being caused – which smoke drift will contravene. If this is the case, the lot owner can ask that the committee enforce these by-laws by issuing a form 1.
Alternatively, direct action against the smoker can be taken:
- pursuant to section 167 of the Body Corporate and Community Management Act 1997 (Qld); or
- under the by-laws after a form 1 is issued and the committee chooses not to take further action.
This post appears in the October 2025 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753