smoking in the following areas: a. If you require further information please contact our information service on 1800 060 119 or http://www.qld.gov.au/bodycorporatequestion. . smartstrata.com/mask… All Rights Reserved, Commissioners Corner: Smoking in Strata (QLD), Commissioner for Body Corporate and Community Management, http://www.austlii.edu.au/au/cases/qld/QBCCMCmr/2003/505.html, http://www.austlii.edu.au/au/cases/qld/QBCCMCmr/2012/428.html, http://www.uoaq.org.au/news-link/113-consultation-now-open-on-bc-by-laws,-debt-recovery-and-scheme-termination, https://en.wikipedia.org/wiki/List_of_IARC_Group_1_carcinogens, http://www.justice.qld.gov.au/corporate/community-consultation/community-consultation-activities/current-activities/review-of-property-law-in-queensland, http://www.qld.gov.au/bodycorporatequestion. Hi Margaret, thanks for you enquiry. "These laws are a breath of fresh air for Queensland," he said. While we may have strong objections to smoking, the fact remains it is legal to smoke in Queensland. Explain the impact their cigarette smoke is having. Our hands were tied and no reprieve. Model (example) by-laws about smoke-penetration are available In 2016 the NSW Government changed the regulations for the management of strata schemes. See if an agreement can be reached to suit all parties. Queensland banned smoking in all pubs, clubs, restaurants and workplaces, as well as in commercial outdoor eating and drinking areas and in outdoor public places (e.g., patrolled beaches, children's playground equipment, major sport stadiums, and within 4 metres of non-residential building entrances). The Final recommendations for Options Paper Body corporate governance issues was released just recently by QUT Panel, and is open for submissions. 1 To be considered 'enclosed', a public place must have an overhead cover, and be 75 per cent or more enclosed. Introducing new by-laws Residential bodies corporate are one of the only places of concentrated occupation to which no power is given to restrict (or prohibit) smoking except on common property.” 49 The final report released in 2017 recommended: “A by-law prohibiting smoking in an outdoor area that is part of a lot (including balconies, courtyards, etc) or on common property (including common property subject to an exclusive use by … Seems smokers have the right to pollute my lungs without any recourse. The buffer is a 5 metre no-smoking area beyond the boundary of the healthcare or residential aged care facility. If you’d like any further information about the body corporate legislation, including dispute resolution processes available, call my information service on 1800 060 119 or email your question to BCCM@justice.qld.gov.au. Can a person smoke in their own enclosed unit?1 There are few more vexed body corporate issues than cigarette smoking. #news #building #defects #responsibility pic.twitter.com/XBGX…, Our first round of education seminars for 2021 have been announced! My Office does not cover the smoking laws regarding the distance that individuals have to be from certain public spaces when smoking. Strata Update: Renovation Case Studies | Pet Challenges | Community Education Seminars Next Month! More information about the review, including papers http://www.justice.qld.gov.au/corporate/community-consultation/community-consultation-activities/current-activities/review-of-property-law-in-queensland. A recent decision shows (yet again) the simplicity of the office’s approach in adjudicating strata disputes. It does not include retirement villages and other such guidelines, might be in! Play this on my balcony for the next time i comment `` they 're going to bring their... 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