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Where can you smoke in a body corporate? 

Where can you smoke in a body corporate?  

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Smoking and vaping have long been contentious issues within the realm of body corporates, often causing frustration among residents and committees alike. The battle to strike a balance between the rights of smokers and non-smokers has persisted for years, as both groups seek to coexist harmoniously within shared living spaces.  

While smokers argue for their right to indulge in their own properties, non-smokers advocate for a smoke-free environment where they can breathe freely. In this blog post, we aim to shed light on the key rules and regulations that clarify where smoking and vaping are allowed within a body corporate.  

By understanding these guidelines, we can navigate the complexities of this issue and foster a healthier, more inclusive living environment for all. 

No smoking prohibition in lots  

The first important point to note is the allowance for smokers to indulge in their habit within their own property, specifically within their individual lots. This means that as a smoker, you have the freedom to light up within the confines of your apartment or unit. However, it is essential to exercise mindfulness and consideration for the potential impact of smoke drifting into neighbouring lots.  

While you have the right to smoke within your own space, it is equally important to respect the rights of your neighbours to enjoy a smoke-free environment. Being aware of the potential smoke dispersion and taking necessary precautions can go a long way in maintaining harmony within the community. 

No smoking in enclosed common areas 

To maintain a smoke-free environment and minimise the exposure of non-smokers to second-hand smoke, stringent regulations are in place within body corporates, including prohibiting smoking in all enclosed common areas. Spaces such as lobbies, shared facilities, indoor recreational areas, and any other enclosed spaces within the body corporate.  

The primary objective of these regulations is to create a clean and healthy environment where all residents can enjoy shared amenities without the intrusion of smoke or its associated risks. By enforcing these rules, body corporates aim to prioritize the well-being and comfort of every individual within the community. 

Smoking is designated outdoor areas  

While smoking is prohibited in enclosed common areas, body corporates do have the authority to permit smoking in specific outdoor areas. However, it’s important to note that this decision is at the discretion of the body corporate and can vary depending on the specific rules and regulations in the scheme.  

The purpose of these designated outdoor areas is to provide an option for smokers to indulge in their habit without causing inconvenience or discomfort to others. The key condition is that the smoke should not drift into neighbouring lots or common areas, ensuring that non-smokers can enjoy a smoke-free environment.  

By carefully defining and monitoring these outdoor spaces, body corporates seek to strike a balance that respects the rights and preferences of both smokers and non-smokers within the community. 

For more information on smoking in a body corporate read our legislation article here. 

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