[200William-EC SP67851] SMOKING IN MARQUIS

[brookbeves at bigpond.com]

I concur

Sent from my iPhone

> On 17 Apr 2021, at 5:03 pm, Edward Sainsbury <edwardsainsbury at hotmail.com> wrote:
> 
> 
> 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] 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 <ec-bounces at 200william.com> On Behalf Of Craig Laforest
> Sent: Friday, 16 April 2021 9:34 AM
> To: ec at 200william.com; ec-bounces at 200william.com
> Cc: 'Marquis' <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 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 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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