While the law now permits bodies corporate to restrict or prohibit smoking in the outdoor areas of lots, these changes won’t take effect automatically. The body corporate must first pass a motion to amend its existing by-laws, and lot owners will need to vote on whether to implement the change.

For committees considering a change to smoking by-laws, we recommend looking at the implications of any restrictions across the entire scheme. For example, most bodies corporate already prohibit smoking on common property. If they were also to ban smoking in courtyards and on balconies and patios, residents may need to walk outside the front gate and on to the council street to smoke.

In that case, it may be more reasonable to create a smoking area within the common property, rather than proceed with a blanket ban across all outdoor areas of the complex. Is there a low-impact area that could be designated as a smoking zone? This is what many pubs, restaurants and shopping precints have done already to manage the situation.

For more information or guidance on smoking by-laws, contact your BCsystems’ body corporate manager.