[200William-EC SP67851] SMOKING IN MARQUIS

[Edward Sainsbury]

Hi EC,

I would say no to sending around the letter to residents. I do not want to tell people how to live their lives in their own homes.

I would however enforce a no smoking rule in all common areas. A letter to this effect would have my support.

Regards,
Ed

From: Brook Beves <brookbeves at bigpond.com>
Sent: Saturday, 17 April 2021 3:37 PM
To: 'Edward Sainsbury' <edwardsainsbury at hotmail.com>; '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

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> [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<mailto:cscl at optusnet.com.au>>; 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: 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 NCAT<http://www.ncat.nsw.gov.au/> 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 Civil and Administrative Tribunal Act 2013<http://www.legislation.nsw.gov.au/#/view/act/2013/2/full> 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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