The company in the Artique building at Surfers Paradise already had a smoke drift law in their books. He said a resident of one property “must not cause nuisance or danger or unreasonably interfere with the use or enjoyment of another property” by smoking on his balcony. Before the verdict, plaintiffs had to gather evidence to prove that smoking was a nuisance and that it was almost impossible, Irons said. A regulation in Queensland`s community title systems can`t ban smoking altogether: A regulation can regulate an activity but not ban it If your community deals with residents` complaints about the dangers of smoking, the first step is to assess whether your body`s regulations are sufficient to control this issue and take advantage of this new decision. Your BCsystems Stratum Manager can help you review your system`s smoking ordinance and help you determine if this law needs to be upgraded to the 2022 standard. “If she (the company) wasn`t sure if the regulations had been violated, she could have asked the plaintiff for more evidence to help her in making the decision,” they wrote. The statutes reflected the wording of Article 167 with regard to smoking. Former corporate and community commissioner Chris Irons says this is a major change in the way anti-smoking decisions on balconies are made, Photo: John Gass The decision referred to is Artique  QBCCMCmr 596, which involved a company on the Gold Coast. The plaintiff owned land on the 9th floor, which was above that of the defendant, who owned land on the 8th floor. The respondent smoked chains on her balcony several times an hour.
This smoke was of such a level that it drifted upwards and bathed the balcony of the second-hand smoke seeker. She didn`t have access to fresh air unless she stayed locked away. The defendant was ordered not to smoke on the balcony, but could do so at home if it did not bother others. Companies still can`t ban smoking on a person`s property. Smoking itself is not the problem – it is the drift of smoke to other plots that presents a danger and can be used as a reason to restrict smoking. The truth is that smoking has not been banned. Nothing revolutionary happened. What happened was that an order was issued that prevented one person from disturbing another with their smoke. This is based on a law that is over 150 years old, so this is not new. So what does it mean to smoke in a corporat body? A landmark decision against an owner who prevents him from smoking on his own balcony is a turning point for legal entity complexes.
In addition to following the general harassment provision of the Corporations and Community Management Act or reformulating the relevant sections of the Tobacco and Other Smoking Products Act, it is unlikely that an order regulating smoking will stand up to challenge. In making this finding, the arbitrator targeted the company because it had not commented on the dispute and had a legal obligation to enforce the laws. Most smoking complaints relate to smoking in surrounding properties and common areas – either via the balcony or backyard or under the front door of the apartment in the hallway. Keep in mind that a regulation may govern an activity, but not prohibit it, so any regulation that completely prohibits smoking on community property may be countervailable. In making this decision, the adjudicator relied on this Queensland Health brochure on second-hand smoke. This is great news – I own a hotel apartment below me. Regardless of the “non-smoking” signs, if I am told that the hotel is a non-smoking hotel, or if I have presented photographic evidence of smoking, some feel that it is justified to break the law or simply not to care about the actions of their health promotion habit. I had to tolerate second-hand smoke entering my apartment and had to close my balcony doors several times.
I fully support this decision. The reason why the Queensland government left this decision to others can only be speculated, but I suspect it was deemed “unworthy of a vote”. This is encouraging and I appreciate your concise email. Thank you very much. A new decision by an arbitrator from Queensland Body Corporate and Community Management (BCCM) caused a stir this week, offering a way to increase restrictions on smoking and vaping in businesses. Previous decisions have concluded that the occasional smoke and the smell of smoke are often not significant enough to be considered a legal nuisance or cause an unreasonable disturbance to a person`s enjoyment of his or her fate. In the dog analogy, the dog did not bark loudly or often enough to be considered a nuisance. A landmark decision following a complaint from an apartment owner at Artique Resort, Surfers Paradise, will make it easier for bodywork companies to ban smoking on balconies, experts say. Image Glenn Hampson The arbitrator noted that in Queensland, cases relating to smoking on properties, particularly on balconies, have focused on whether the conduct constitutes an unreasonable nuisance or disturbance to the use and enjoyment of another lot within the meaning of section 167 of the Act.