Life for Queensland apartment owners could change with a new landmark ruling seeing owners and-residents banned from smoking on their own balconies. 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.
This decision was made by the Queensland Body Corporate Commission Tribunal, in relation to a Gold Coast apartment owner smoking cigarettes on a balcony, and the resulting smoke drifting to the neighbouring balcony of the apartment above. The tribunal found that the smoker was breaching the by-laws of their apartment block, as well as the Body Corporate and Community Management Act, with regard to causing a hazard, nuisance and unreasonable interference another person’s use and enjoyment of their property. The tribunal ultimately decided that the owner cannot smoke on the balcony but only within the actual walls of the apartment with closed windows and doors and take reasonable steps to ensure that the smoke does not affect anyone using a neighbouring apartment. Whilst the law requiring owners to prevent escape of ‘nuisance’ from their properties has been around for hundreds of years, its application to cigarette smoke is novel.
While there is no law that bans smoking on your balcony, this decision means that where a body-corporate agreement references smoking on a balcony, any opposition to that condition, will likely be defeated. For the time being, this decision is only about smoking however it has certainly laid the groundwork for the principle to be extended to limit other activities within community title living such as hosting parties, adhering to noise levels (particularly from old rattily air-conditioning units) to name but one. With apartment living becoming increasingly popular in Australian cities, issues like this deserve careful consideration about what is thought to be reasonable behaviour in your own home, and where to draw the line at limiting what others can do within their homes.
🚭 Tired of dealing with second-hand smoke on your balcony? We understand the frustrations this can cause, and we’re here to help you address the issue promptly and effectively. Our two specially designed products will assist you in resolving this matter, our team is here to assist you in resolving this issue swiftly and effectively.
📜 Service 1: Letter from us to the Body Corporate – $125
Our professionally crafted letter to the Body Corporate is the first step to address the issue. This letter, prepared by our experts, will:
✅ Outline the problem.
✅ Request the Body Corporate’s immediate attention to the issue.
✅ Initiate the process of resolving the smoking dispute.
✅ Help create a smoke-free and pleasant environment for everyone.
Say goodbye to passive smoke! Purchase our Letter to the Body Corporate for just $125 and regain your peace of mind.
📜 Service 2: Letter from us for the Body Corporate to send requiring the offending lot occupant to Cease and Desist- $200
Our Letter to the Offending Lot Owner by way of the Body Corporate is the perfect solution to ensure that the issue is promptly resolved. This comprehensive letter includes:
✅ A strong request for the cessation of smoking on the balcony.
✅ A reminder bylaws and regulations apply.
✅ The potential consequences if the issue is not addressed.
✅ A commitment to cooperation to maintain a harmonious living environment.
Take action today and make your balcony a smoke-free haven. Complete the Form below and one of our solicitors will contact you to get the process started.
For any questions or additional assistance, feel free to contact our dedicated support team at 1300 334 566