This article discusses tenant vaping townhouse by-laws, explaining when tenants can vape within or outside their lot and how body corporate by-laws and smoke drift rules may apply.
Question: I rent a townhouse in a gated complex. Can I vape outside and within my lot? Would a by-law apply and if so, where do I find the by-laws?
Answer: Unless there is a by-law restricting smoking, you should be able to smoke outside your townhouse.
As a tenant, your agent or landlord should have provided you a copy of your by-laws when you moved in. If you don’t have one, ask them for a copy. You can also ask them for clarification on the laws around smoking. They should be able to assist.
Unless there is a by-law restricting smoking, you should be able to smoke outside your townhouse.
Mostly, the rules around smoking consider smoke drift and how that affects other lots around you – so if the smoke you create drifts and creates a problem for another occupant, you could be subject to a complaint. I don’t think there is a difference between whether you smoke cigarettes – both create smoke, although vape smoke tends to cause less offence.
Smoke drift is a common source of aggravation in tower-type buildings where smoke can easily move from one balcony to another but might be less of a concern in a townhouse, depending on the distances involved. Still, be respectful of your neighbours and hopefully, they will be respectful to you.
If there is a by-law restricting where you can smoke, of course, you should abide by that.
Lastly, the State Government has announced that it plans to introduce changes limiting smoking behaviour on common property. We don’t know the full details of what those changes are or when they will be introduced, but it is likely that they may have some effect on smoking issues like yours when introduced.
This post appears in Strata News #644.
William Marquand Tower Body Corporate E: willmarquand@towerbodycorporate.com.au P: 07 5609 4924