Fines
If the barbequer or smoker fanatic fails to comply the matter could be taken to NCAT, who has the power to issue fines of up to $1,100 (double that of the old laws) and if the offender repeats the offence within 12 months, double it again - $2,200.
The owners corporation will be able to take action against offenders rather than leaving this to individual owners.
By-laws
The proposed model by-law provides 3 options:
- Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property.
- Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on the common property is also permitted but only in either designated smoking areas or with the written permission of the owners corporation.
- Smoking in a lot is permitted but there must be no smoke penetration into any other lot or the common property. Smoking on common property is expressly prohibited.
It’s also important to note that there are currently no options in regards to the complete ban of smoking in schemes.
Also any new model by-laws generally do not apply to existing schemes. They’ll only apply to strata schemes registered after the commencement of the 2015 Act if and that’s if the developer chose the option to go with model-by-laws.