Laura Bos warns body corporates to not make tenants go ‘cold turkey’ after apartment cigarette ban

While it’s now legal to ban smoking in unit blocks across the Gold Coast and Queensland, experts warn body corporates against going cold turkey. See why

They’re a dying breed, but it’s time to have a little sympathy for smokers.

Look, I hate the smell of old-school cigarettes as much as the next non-smoker.

One of the greatest decisions ever made by our government was to ban smoking inside pubs, clubs, restaurants and, well, anywhere that was not your own home.

But now even your own property is not necessarily safe for smoking.

Because as of May 1, if you live in a strata-titled building - as thousands of Gold Coasters do - your own balcony may already be out of bounds for smoko.

Under new strata laws now in effect across the state, smoking on a person’s own balcony can be banned by a body corporate.

The act sets out that outdoor areas, including a balcony, courtyard, patio or verandah, can be included in body corporate by-laws prohibiting smoking or vaping.

The measure was sparked after a January 2022 ruling by the Body Corporate Commissioner, who placed a ban on a woman smoking on the balcony of her Surfers Paradise unit after a neighbour’s complaint of “relentless and unbearable” second-hand smoke.

Actor Sharon Stone in scene from film “Basic Instinct”. /Films/Titles/Basic/Instinct

While the new strata laws have only been in effect for just over 30 days, Strata Community Association Queensland general manager Laura Bos said many bodies corporate had already enacted by-laws banning smoking on all common property and outdoor areas.

Perhaps that’s no surprise, Lord knows if I lived in a unit I’d be keen to stub out that habit. Ironically, living in a house, I have no such control over smoking neighbours.

And I’m not alone, a 2021 survey by the Cancer Council showed 88 per cent of Queenslanders wanted action to address smoke drift in their apartment buildings.

Ms Bos said while she supported the government legislation, she warned bodies corporate not to rush to enact these by-laws. But it might already be too late.

“People were very excited about this law, and a number have gone into it quickly,” she said.

“It is time for this legislation, smoking causes so many issues for bodies corporate. We should be supportive in reducing the health impacts of secondary smoke, a body corporate does have that duty of care.

“However, I would say that enacting by-laws should be the last resort, they are very difficult to wind back.”

In other words, be careful what you wish for … because sometimes the solution can create a whole new problem.

Indeed, while banning smoking indoors at pubs and clubs was a wonderful idea, some of our institutions did not quite think through the placement of their designated smoking areas.

At dinner in Bundall just last week, we were forced to move from our prime riverfront table as the balcony had been turned over to smokers. Big mistake.

That’s precisely the scenario that Ms Bos wants bodies corporate to avoid.

And she’s not alone.

Australian cigarette and smoking packaging. Picture: NewsWire

Strata lawyer James Carlson has similar concerns, cautioning strata schemes to be wary of adopting or even suggesting the smoking ban.

He said he doubted that smokers would comply with the rules, and bodies corporate would then be duty-bound to take enforcement action - which could well end in expensive legal action.

“A body corporate can neither fine nor evict an occupier for a by-law contravention. Fines can only be imposed by a Magistrate after a lengthy court process, and the juice is rarely worth the squeeze in that exercise,” he said.

Ms Bos said rather than by-laws banning smoking in all public areas, it was best to first try to find a suitable solution that walked the line between personal freedom and public health.

“If unit blocks ban smoking everywhere, the reality is they’re just moving the problem to a new area,” she said. “Then you have litter and air pollution outside your building, or noise problems from smokers chatting on the street at night.

“By all means ban it on the balconies, but try to find somewhere on the grounds where smokers can go. We might wish smoking would disappear but it’s an addiction - and it is still legal.”

So maybe when it comes to banning smoking in unit blocks, it’s much like adding tomatoes to a fruit salad: Just because you can, doesn’t mean you should.

Originally published as Laura Bos warns body corporates to not make tenants go ‘cold turkey’ after apartment cigarette ban