Parking and Smoking

This is a complicated issues where the government is looking to bring in reform.

Smoking is a lawful activity.

While body corporate has powers to enact by-laws that regulate the use of common property that causes a nuisance or a hazard that power has not yet been extended to ban lot owners or residents from smoking in the privacy of their own home.

There has always been an expectation that once inside their front door, people can do as they please in their property, provided they don’t interfere unreasonably with other people’s use and enjoyment of their lot.

A major ruling in 2022 gave bodies corporate more options in seeking more control over smoking, in that an adjudicator found that passive smoke drifting from one resident’s balcony into a neighbouring lot constituted a hazard.

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