Several case studies are included in the short 14-page document, as well as advocacy skills for taking action. I recommend reading it in preparation for enacting a condo no smoking by-law.

Some highlights:

1. The aim of smoke-free by-laws is to create clean and healthy air in people’s shared living environment. It is not intended to isolate people who smoke. Smoke-free policies do not preclude people who smoke from living in the building, they simply restrict where people can smoke or they may require all people not to smoke while on the property.

2. Possible wording of a 100% smoke-free model by-law:

"An owner or resident of a lot, and any invitee of the owner or resident, must not smoke tobacco or any other substance on the lot or on common property."

Though a 100% smoke-free by-law is best, I would suggest a by-law that prohibits smoking at the balcony and/or patio and where it causes a nuisance or hazard, or impacts on reasonable use and enjoyment of lots or common property.

3. Owners’ corporations (MCSTs) can enforce by-laws

Once a by-law is in place and communicated to all residents in the building if there is an infringement – i.e. a resident continues to smoke in areas that are smoke-free – a penalty notice can be issued by the owners’ corporation (MCST).

4. Cancer Council NSW in 2015 randomly sampled 1,308 strata schemes and found that around 200 of them have already implemented smoke-free by-laws. Some strata schemes have even implemented 100% smoke-free by-laws.

This is part of a growing trend of Australians choosing to make their homes smoke-free. There are no known challenges to these by-laws being implemented since 2011.