[200William-EC SP67851] SMOKING IN MARQUIS

[Brook Beves]

Good afternoon Ed and Ors

 

Several published studies and recent case law, evidence that while smoking
is banned in enclosed COMMON or SHARED AREAS of multi-unit housing in
Australian states and territories, private living areas are generally exempt
from these bans.

 

Accordingly, to ban smoking in private living quarters is as you say not
"within the practical reach of the EC" and nor is it practically
enforceable.

 

I also do not smoke and whilst I do not encourage smoking within my unit, I
certainly do not ban my guests from smoking.

 

Regards

Brook

 

 

 

From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf
Of Edward Sainsbury
Sent: Saturday, 17 April 2021 2:33 PM
To: Craig Laforest <cscl at optusnet.com.au>; ec at 200william.com;
ec-bounces at 200william.com
Cc: 'Marquis' <Marquis at bfms.com.au>
Subject: Re: [200William-EC SP67851] SMOKING IN MARQUIS

 

Hi Exec Committee,

 

Can the Body Corporate ban smoking inside a person's apartment? Is this
within the practical reach of the EC? I want to ensure we are not over
reaching.

 

My personal opinion is I am not for smoking, I do not smoke, and my
apartment is non-smoking.

 

Regards,

Ed

 

From: ec-bounces at 200william.com <mailto:ec-bounces at 200william.com>
<ec-bounces at 200william.com <mailto:ec-bounces at 200william.com> > On Behalf Of
Craig Laforest
Sent: Friday, 16 April 2021 9:34 AM
To: ec at 200william.com <mailto:ec at 200william.com> ; ec-bounces at 200william.com
<mailto:ec-bounces at 200william.com> 
Cc: 'Marquis' <Marquis at bfms.com.au <mailto:Marquis at bfms.com.au> >
Subject: [200William-EC SP67851] SMOKING IN MARQUIS

 

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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