Call to ban smoking on unit balconies

Call to ban smoking on unit balconies

Posted on Tuesday, June 19 2012 at 3:52 PM

Smoking on a unit balcony could soon be banned in New South Wales if proposed changes to strata legislation are introduced.

Archers Body Corporate managing director
Andrew Staehr says moves are under way to widen smoking laws to prevent
residents from lighting up, even if they’re technically on their property.

The proposal coincides with a recent report
that found smoking on balconies or in common areas was among the most common
complaints by NSW unit residents.

In complexes where a unit balcony is in
close proximity to a neighbouring dwelling, smoking could be more than a
nuisance – it might become a health hazard, Staehr says.

“There is a case in NSW at the moment where
a body corporate and the body corporate manager are being sued by a unit owner
who believes he contracted lung cancer from second-hand smoke drifting in from
his neighbours.”

Body corporates in any state can introduce
a by-law to make their building smoke-free, but policing it could be difficult,
he says.

Unit owners concerned about smoking should
approach the body corporate to discuss possible solutions and take steps to
educate residents, he says. If that fails, some level of compromise might be

“Allocated smoking areas have been
implemented in some complexes. This is a good way to create a happy medium for
those that do choose to smoke

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