Smoking On Balconies Qld. QLD residents could be banned from smoking from own balcony 7NEWS Life for Queensland apartment owners could change with a new landmark ruling seeing owners and-residents banned from smoking on their own balconies Queensland residents face the prospect of being banned from smoking on unit balconies.
Woman smoking on balcony outdoors Stock Photo, Royalty Free Image 50347676 Alamy from www.alamy.com
Queenslanders living in apartments could be prevented from smoking on their balconies after a "game changing" decision to ban one unit owner from doing so after a complaint from an upstairs neighbour. This particular issue has been raised multiple times by residents in community title living within the last 15 years however decision-makers have not been moved to change until now.
Tim Graham, HWL Ebsworth Lawyers The absence of a specific Model Rule regarding strata smoking - on common property or within lots - creates uncertainty for both occupants and owners corporations. Three facts about new smoking laws in strata schemes: The definition of 'nuisance' has been extended; Smoking on common property and the outdoor areas of a lot can be prohibited; Whilst applying retrospectively, many existing by-laws will need to be reviewed to assess how they handle. This particular issue has been raised multiple times by residents in community title living within the last 15 years however decision-makers have not been moved to change until now.
Man or boy smoking cigarette outside on the balcony, vertical Stock Photo Alamy. "This adjudication is the biggest change to body corporate law in Queensland in the past two decades and will make it much easier for communities to ban smoking on balconies, all they will have to do is prove that smoke drifts. Tim Graham, HWL Ebsworth Lawyers The absence of a specific Model Rule regarding strata smoking - on common property or within lots - creates uncertainty for both occupants and owners corporations.
Smoking on Balconies………..a landmark decision Hartley's Body Corporate Management. On 21 December 2021, an Adjudicator decided to give many stakeholders in the strata industry an early Christmas present - she broke into new ground by pathing the way to order someone to no longer smoke on the unit's balcony and to take reasonable steps to ensure smoke does not emanate from the unit when smoking inside (by closing doors and windows). Queenslanders living in apartments could be prevented from smoking on their balconies after a "game changing" decision to ban one unit owner from doing so after a complaint from an upstairs neighbour.