New Queensland Strata laws could see smoking effectively banned on balconies

A recent Body Corporate watchdog committee ruling could have flow on effects for anything that could be deemed a hazard for unit dwellers.

A RECENT Body Corporate watchdog committee ruling could have flow on effects for anything that could be deemed a hazard for unit dwellers.

Last month the Office of the Commissioner for Body Corporate and Community Management ordered a Surfers Paradise unit owner not to smoke tobacco products on her balcony after a complaint was lodged by her neighbour.

The landmark ruling further allowed the woman to smoke elsewhere in the apartment provided she took reasonable steps to ensure it wasn’t affecting another person on the basis that it was a hazard.

Archers the Strata Professionals Cairns partner Stephen McCulloch said the decision could open up to complaints about other potential “risks”.

Anything hazardous could potentially be caught up in decision of things to ban.

“Basically anything that could be hazardous is potentially caught up in this decision as well not just smoking,” he said.

This could include pet hair, certain chemicals, BBQs or even to take it to the extreme, drinking alcohol, Mr McCulloch said.

But smoke drifting up from neighbours’ balconies was a common complaint he received from across the region.

“We get a complaint a week about someone smoking and causing a nuisance,” he said.

“Up until now we have had to say that is unfortunate but (there’s) not much you can do.

“Now the whole thing has been turned on its head. This decision has set a precedent that other owners can follow.”

The announcement that smoking was able to be banned in that building is unprecedented.

“Up until now it’s been the fact that smoking is legal so you can’t stop someone from exercising their right to smoke in the unit,” he said.

In most strata tenant bylaws there is a stipulation that it would become an issue if it was considered a hazard or nuisance. The watchdog’s lastest ruling indicates it was a hazard.

Mr McCulloch said the decision had created a great deal of interest and he was already fielding questions about it.

“I have had a number of owners already make inquiries about what can and can’t be done,” he said.

“I haven’t had any complaints from owners requesting that an application be made or the law be enforced.

Apartment dwellers now have the right to contest smoking on balconies of nearby units, following a recent court ruling. Manunda unit owner Lynette Salih doesn't smoke and supports the court's ruling, which could affect all strata titled buildings in Queensland. Picture: Brendan Radke

“I am just waiting for that to happen. It is a very significant situation.”

Manunda unit owner Lynette Salih said the smell of smoke was uncomfortable for nonsmokers.

“Smoking should be banned on balconies, some flats are smaller than others. I live in a one bedroom (unit) so the balconies are very close together,” she said.

“The smell of smoke is very strong and it contaminates for a large area so even on big balconies it’s always going to contaminate somewhere.”

Originally published as New Queensland Strata laws could see smoking effectively banned on balconies