This article discusses QLD strata no smoking by-law, explaining whether Queensland strata schemes can introduce a standard no-smoking by-law and the limits on what can be lawfully regulated.
Question: Is there a standard no smoking policy for strata corporations in Queensland? Can we introduce a standard no smoking by-law with various amendments, as needed?
Answer: A no smoking by-law or policy is unlawful.
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:
- prohibit an otherwise lawful activity (for the same reasons it cannot ban pets); or
- make rules that are inconsistent with legislation.
That said, what is not lawful is smoking in a:
- 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
- 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.
This post appears in the March 2023 edition of The QLD Strata Magazine.
Todd Garsden
Mahoneys
E: tgarsden@mahoneys.com.au
P: 07 3007 3753
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