Question: We live in a high rise apt block and a few years ago we voted against a no smoking building, but we are not allowed to smoke in all common areas. That is fair enough. I’m not a smoker. But living in the western suburbs with a reasonably large amount of tenanted apartments, most ppl in the building are unaware of a Bylaw that states ‘No smoking in all common areas AND No Smoking inside your own apt’.
Owners, tenants, or friends are not allowed to smoke inside your own apt under any Circumstances.
Is this bylaw legal In NSW and if not can it be removed? Thank you.
Answer: The smoking provisions of the strata legislation relate to the “nuisance” that is caused by smoke drift and the new Schedule 3 by-laws restrict smoke penetration to lot and common property.
We have not seen a blanket prohibition on smoking anywhere on lot or common property challenged or upheld. The by-law could be construed as “harsh” or “oppressive” and invalidated on that basis ie that it is harsh that smoking is prohibited within a lot provided that smoke does not escape.
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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.