Many of you will be aware of the recent Artique adjudication which became public last week. For the first time, it is clear that by-laws banning smoking on exterior areas of a lot (like balconies) are enforceable.
The decision is somewhat novel in that it has enforced the ban by deciding that smoking is a hazard, rather than a nuisance on common property or other lots. It is hard to argue in this day and age that second-hand smoke is not a health hazard, so it is clear that this adjudicator is standing on a solid foundation.
The ramifications of this decision will be felt far and wide by managers and residents within schemes. Smoking is one of the key areas of dispute for bodies corporate and can be a cause of significant acrimony.
SCA (Qld) was on the front foot with advocacy in this regard, with several media appearances including on radio, television and print media by myself as President as well as advocacy directors Jason Carlson, Chris Irons and Shane Devenish. I am so proud of how quickly SCA (Qld) was able to react to this decision and get the voice of our industry into the media.
We believe that this an opportunity for the government to see how slow the pace of reform has been and to speed up the push to modernise our state’s body corporate law.
See below to read the news articles.
Unit owner barred from smoking on their balcony and the decision that will reverberate through Qld, experts say (Realestate.com.au)
I feel like an absolute criminal in my own home (Gold Coast Bulletin)