A Body Coporate that we manage in Taringa has recently raised the issue of smoking. This is a common issue which frequently arises in our managed schemes; what measure of control does the Body Corporate have over smoking? While by-laws regulating smoking in Queensland community titles schemes may be passed,
they are unable to prohibit the activity altogether. As set out in the 1997 Body Corporate Community Management Act, a Body Coporate can pass a smoking nuisance by-law which only permits smoking on common property as long as it does not present a hazard or unreasonably interferes with enjoyment of other lot occupiers. Additionally, the Tobacco and Other Smoking Products Act 1998 forbids smoking in enclosed common areas and the Body Corporate can pass a by-law to reinforce this.
While the Body Corporate does have some ability to regulate smoking, it is important to remember that a Body Corporate may only reasonably regulate smoking in common areas, and they cannot restrict smoking unreasonably. In turn the smoker must take care their smoking does not unreasonably interfere
with the enjoyment of others.