People could be banned from smoking in their homes and on balconies under changes to property laws being floated by the Victorian government.
Quit Victoria and body corporate experts say housing density and the rise of apartment living is causing more complaints about smokers and cigarette smoke drifting into people’s homes and outdoor areas.
But at the moment, Victorian laws only allow Owners Corporations to make rules that completely ban smoking in common areas such as shared courtyards. They can only ban smoking inside private apartments and on balconies in more limited circumstances, so it is difficult to get a binding agreement for somebody to stop smoking in and around their home.
In a move that could change that, an issues paper released by Consumer Affairs Victoria about a review of the Owners Corporation Act 2006 has flagged the possibility of Victoria following NSW where owners corporations can now make rules about smoke drift as a nuisance. This means that if an owners corporation wants to, it can ban smoking in people’s homes.
The Victorian issues paper, which is seeking feedback until the end of April, asks if there should be a “Model Rule” regarding smoking in Victoria. For discussion, it gives an example of an owners corporation experiencing complaints about a resident’s cigarette smoke circulating through an air conditioning system into other people’s homes.
Rob Beck, the general manager of Strata Community Australia’s Victorian branch said he welcomed the state government’s consideration of the issue because more people were asking for help to resolve disputes about smoking. However, he said it was a difficult issue given a new law could infringe on people’s liberty to smoke in their own home.
Given almost half of all new housing stock is managed by an owners corporation now, he said the issue would be of growing importance. “The question is not is it OK for one owners corporation to do this, but is it OK for thousands of them to do it?”
Director of Quit Victoria Sarah White said people often contacted her organisation about annoying smoke drift. She said one man said he was planning to beg his neighbours to stop smoking for two days while he tried to sell his house because it was so off-putting.
Dr White said Quit wants the Victorian government to develop a “model by-law” that would allow owners corporations to ban smoking in shared buildings. This would also mean that all owners corporations would have to have a position on smoking, which is not currently the case.
Aside from being unpleasant, Dr White said second-hand smoke can cause cancer and heart disease. It also increases the risk of miscarriage, and the risk of sudden infant death syndrome, asthma and infections in children, and can cause asthma attacks.
Peter Tosh, who owns an apartment in a Melbourne high rise, is hoping the government will toughen its laws. He has been in a long running dispute with a neighbour who regularly smokes cigars on his balcony, causing smoke to drift into Mr Tosh’s home when windows are open.
Aside from being unpleasant, Mr Tosh said the health effects worried his wife while she was having cancer treatment. After discussing their concerns with their neighbour, they struck a deal for him to not smoke if he can see their windows open.
However, one day, he broke the agreement by allowing visitors to smoke on his balcony. On another occasion, the man sent a text message to Mr Tosh asking him to close his windows so he can smoke.
“He said would we mind closing our window because it was raining and he didn’t want to go downstairs for a cigar… We shouldn’t have to do that. It’s our home,” he said.