Community corporations could have power to ban outdoor smoking by residents

Outdoor smoking could be banned in apartment buildings or unit blocks if a new law is approved.

Smoking on private balconies of apartments or in backyards or common areas of unit blocks could be banned as part of new laws put to State Parliament.

The proposed change would enable community corporations that manage such residential properties to put in place rules to clamp down on drifting cigarette smoke.

However, at least 75 per cent of residents would have to vote in favour of a ban for it to be approved.

Attorney-General Vickie Chapman has drafted changes to the Community Titles Act that would grant the power to community corporations. Picture: NCA NewsWire / Naomi Jellicoe

Attorney-General Vickie Chapman, who has drafted changes to the Community Titles Act that would grant the power to community corporations, said it was prompted by a request from the Heart Foundation to reduce the health effects of second-hand smoke.

Similar powers are already in place in NSW.

If passed by parliament, the change would apply to residential apartment or unit blocks managed by a community corporation but not to hotels, motels or similar commercial properties managed by a single owner.

Community corporations are made up of residents and are responsible for maintaining common areas and setting and enforcing rules, which can also apply to keeping pets, carparking, noise and rubbish disposal.

They would have to hold a vote of residents to put in place a smoking by-law to prevent cigarette smoke drifting towards neighbours from private lots in the same building or property. Heart Foundation SA chief executive Imelda Lynch said second-hand smoke was a “major contributor to heart disease and cancer”.

“This change will go some way to protecting people from living in unhealthy and distressing situations where they are exposed to their neighbour’s smoke drift,” she said.