Can a body corporate ban smoking?
In Queensland, a body corporate can prohibit or restrict smoking on all or part of the common property (such as foyers, gardens and swimming pools) and the outdoor area of a lot (such as balconies and courtyards).
Generally, that power does not extend to preventing people from smoking in an indoor area of a lot.
However, residents should note that a significant ruling in 2022 tipped the balance in favour of bodies corporate seeking more control over smoking, where an adjudicator found that passive smoke drifting from one resident’s balcony into a neighbouring lot constituted a hazard.
If smoke from a private lot causes regular nuisance, hazard or interferes unreasonably with the enjoyment of a lot or the common property, the problem can be addressed under the BCCM provisions or through a valid by-law.
Bodies corporate wanting to maintain practical smoking by-laws on their books should seek a legal review of their community management statement (CMS) to ensure their proposed regulation is lawful and enforceable.
Further reading
- New rules: smoking in strata
- Are your by-laws legally valid and enforceable?
- The Wild West of Strata By-Laws
- Know your by-laws, and where to find them
- Even bad by-laws must be enforced
- What are body corporate by-laws?
- Are by-laws legally enforceable?
- How does a body corporate enforce a by-law?
- What can be included in a valid by-law?
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