Is smoking in strata allowed if there are no smoking bylaws?

Section 153 of the Strata Schemes Management Act 2015 states:

“Depending on the circumstances in which it occurs, the penetration of smoke from smoking into a lot or common property may cause a nuisance or hazard and may interfere unreasonably with the use or enjoyment of the common property or another lot.”

Although this does not expressly prohibit smoke drift, the Strata Schemes Management Act 2015 allows for the following smoke restrictions if there are no bylaws in place by-laws.

“The occupant must not create a nuisance or hazard which interferes with others, and if smoking acts as a nuisance to someone, they may be in violation of the relevant by-law.”

Read More

• Can you smoke in your apartment or on common property?
• How do you create or change your smoking bylaws?
• How do you solve breaches of smoking bylaws and smoking disputes?