[200William-EC SP67851] SMOKING IN MARQUIS

[Craig Laforest]

Good morning committee members,

In line with the law, we have agreed that there is to be no smoking in any
lot (inside and outside) and also in common areas. I am still smelling smoke
from some areas of the building and think it would be a good idea to send
the following out to each apartment and to put it in the notice box for a
short time, in each elevator.

Unless you have an objection to this, I will ask Darren to distribute a
letter to all apartments to advise tenants/owners that smoking is
prohibited, including the information below, as soon as he can.  This hasn't
been done before, I believe.

Thank you and regards,

Craig

Breach of a by-law and penalties

In NSW, residents in breach of any by-law risk that the Owners Corporation
makes an application to  <http://www.ncat.nsw.gov.au/> NCAT for the
imposition of a civil penalty for breaching the by-law. Such penalties are
quite severe. This penalty carries a monetary penalty of up to 10 penalty
units (which is $1,100). A repeat offender (ie one who was fined $1,100 and
breached the by-law again within 12 months of being fined) can be fined
$2,200.

Any owner who is in breach of the occupancy limits set out in the
legislation are potentially liable to fines of $5,500 and $11,000.

In the event that an owner breaches a NCAT Order to, for example, stop smoke
drift, or remove an animal, Section 72 (3) of the
<http://www.legislation.nsw.gov.au/#/view/act/2013/2/full> Civil and
Administrative Tribunal Act 2013 provides for a civil penalty. These
penalties have increased to up to $11,000 for an individual and $22,000 for
a corporation.

 

 

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