This article discusses introduce no smoking by-law, explaining why recent adjudicator decisions make now an ideal time for Queensland strata schemes to consider implementing anti-smoking by-laws.
In this video, Nikki Jovicic from LookUpStrata chats with Chris Irons from Strata Solve and Will Marquand from Tower Body Corporate about a recent Office of the Commissioner for Body Corporate and Community Management decision concerning smoking in QLD strata schemes in early 2022.
This decision rocked the world of bodies corporate (in QLD anyway)! The scope of this chat is to provide the LookUpStrata audience with some clarity about the decision, why it was successful and most importantly, what it means for residents in QLD strata buildings – both the smokers and the non-smokers.
We talk about what your building, or you personally, should be doing right now if you are affected by smoking.
We provide an outline of the decision and why it’s important. Watch the embedded video above to find out. We chat about:
- How you could say that the adjudicator has almost taken it upon themselves to make the decision about second hand smoke in the absence of the Government doing it.
- How adjudicator decisions do not set a precedent, and so can – and quite possibly will – be overturned.
- Why now is a really good time to introduce ‘Anti-Smoking’ bylaws.
- Whether the committee deserved a rap over the knuckles for the way they handled the situation.
- What other hazards may be dealt with in this way? COVID? Noise? The list goes on…..
- The difficulties in enforcing ‘no smoking on the balcony’ bylaws? Do financial fines apply?
- Why it was surprising that the order also instructed a resident’s activities within their own lot.
- Not to mention the BIG question – Is there a chance smoking will be addressed in the legislation? Chris Irons say YES. Watch this space later in 2022.
You can read the full decision here: Artique [2021] QBCCMCmr 596.
This post appears in Strata News #540.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924