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Strata No-Smoking Bylaw


18 May 2022

Question: We have a by-law stating residents are permitted to smoke on common property. This came about as one lot owner wanted the by-law and no-one challenged him at the time. I am strongly against the by-law and want to know how I can get this smoking bylaw changed.

Answer: The by-law may be invalid or of no force or effect to the extent that it conflicts with other smoking law.

 
A by-law cannot overrule the provisions about smoking not causing a nuisance under section 153 of the Strata Schemes Management Act 2015 and those rights are enforceable in NCAT. The by-law may also be invalid or of no force or effect to the extent it conflicts with other smoking law referred to below.

Please see some helpful links:

·         NSW: Last Gasp For Smokers in Strata
·         Strata Schemes Management Act 2015 No 50 – 153 Owners, occupiers and other persons not to create nuisance

Feel free to email me directly at dbannerman@bannermans.com.au if you want to engage us and get some advice to assist you with your by-law problem.

David Bannerman
Bannermans Lawyers


This is general information and should not be considered to be legal advice. If you are affected you should obtain legal advice specific to your individual situation.