A Body Corporate cannot ban smoking in strata altogether and similarly, owners and occupiers may not just smoke wherever they want to.

Smoking on common property can only be restricted if it unreasonably interferes with the enjoyment of another lot or the common property.  However, this is not the case when there are substantially enclosed areas of the common property.  Smoking in strata and on those areas would be unlawful under the Tobacco and Other Smoking Products Act .

Bodies Corporate need to make sure they do not act unreasonably or in an oppressive manner when dealing with smoking in strata.  If considering a by-law to handle this situation, care should be taken to ensure the by-law is reasonable.  Adjudicators have previously held that a by-law could only regulate smoking on common property such that is not inconsistent with the standard in the Body Corporate Community Management Act.

In 2015 the Queensland Government said the discussion paper to ban smoking on balconies had taken 18 months and any formal decision would take quite some time.  To date no decision has been made.

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