This article about the new strata legislation and smoke drift NSW has been supplied by Adrian Mueller, JS Mueller & Co.
Come November 2016, throwing a snag on the barbie or having a puff on a ciggie could be considered a ‘nuisance or hazard’.
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Under the new strata reforms owners corporations will be able to enforce a ban by issuing a notice to comply for smoke drift, such as that from tobacco and barbecues, under the by-law changes.
If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offence within 12 months, double it again – $2,200.
The owners corporation will be able to take action against offenders rather than leaving this to individual owners.
The proposed model by-law provides 3 options:
- Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.
- Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.
- Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.
It’s also important to note that there are currently no options in regards to the complete ban of smoking in schemes.
Also any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.
This post appears in Strata News #106.
This article first appeared on the JS Mueller & Co website.
Disclaimer: The information contained in this newsletter is provided for your personal information only. It is not meant to be legal or professional advice nor should it be used as a substitute for such advice. You should seek legal advice for your specific circumstances before relying on any information herein. Contact JS Mueller & Co for any required legal assistance.
Are you interested in more information about the new strata legislation and smoke drift NSW or other strata information particular to NSW? Visit our FactSheet: Strata Law reform, FactSheet: Strata Smoking OR FactSheet: Strata Legislation NSW