Smokers Unknowingly Breaching By-laws
A recent decision of the NSW Civil and Administrative Tribunal (NCAT) has recognised that even though a lot owner smokes inside their lot, they still may be in breach of the by-laws of the owners corporation and leave themselves open to a penalty being imposed by NCAT.
Why? Because if the smoke leaves their apartment it will almost inevitably penetrate Common Property in one way or another.
A Recent Case…
This recent case illustrates that it is extraordinarily difficult for smokers to avoid breaching by-laws and why it’s important to have a well-drafted by-law if the owners corporation wishes to comprehensively deal with the issue.
Here we share the recent NCAT case article Smoking in Strata Apartments another “nail in the coffin”!
Also below, Warwick van Ede, Specialist Strata Lawyer talks with LookUpStrata on this very case and the many unanswered questions!
It’s definitely time to review your smoking by-law, or to implement one if you do not have one!
For all strata law advice including by-laws, building defects and levy collections contact our specialist NSW and Sydney strata lawyers here or call 02 9562 1266, we’re happy to assist.