Self-regulation is the key to harmonious community living – smokers included
One of the most critical Property Law Review Options Papers was released late last year addressing body corporate governance issues.
SCA has been waiting for this paper for a few months and we are excited to see that so many of our preferred options have made it through the consultation process and are reflected in the paper. The 29 questions raised in the options paper are at the heart of our member’s day-to-day activities and we are very much expecting major reforms in 2015. The state election means uncertainty in terms of what will happen to the review. A law review that affects more than 1 million Queenslanders cannot fall to the wayside and SCA will ensure that will not be the case.
Just recently one of those law review issues raised a lot of public attention – and confusion. The very emotive issue of smoking in strata schemes was debated widely with many opinions centering around non-smokers deserving clean fresh air. However, that is missing the point of relevance. People that live in houses have the same issue with their neighbours smoking and there is little you can do about it other than trying to resolve it with the neighbour directly. There are no council restrictions on smoking on a private property, so why should there be any on balconies in strata schemes?
After many years of working with strata owners, I have observed that often focus is lost about what’s fair in strata. More often than not there is uproar about the very same issues we have in stand alone house community living: your neighbour’s pets, parking in spaces they shouldn’t park in and of course noise and smell. Every time this is brought up for strata titled properties, the conversation addresses the emotional aspect rather than the rational side.
There is only one way to treat these issues: fairly as if it is a stand alone house in the community. Your neighbour needs to take their bin back inside their property after collection day or council will fine them. This should be the same in strata communities. Your neighbour can’t park in a lot marked for disabled visitors or short-term parking or else council will fine them. Should be the same in strata communities.
Essentially, people owning and living in strata properties should be treated fairly. Where there is council restrictions in place for stand alone houses, a body corporate should be allowed to do the same by way of by-laws. A body corporate should be given a choice to decide what they want for their scheme. They should be empowered to restrict smoking on balconies and in common areas if they so wish through their body corporate structures.
It is critical that the current law review undertaken by the attorney-general gives bodies corporate the powers to make their own decisions whether that be concerning smoking or keeping pets or even parking and scheme termination. Give strata title owners the right to decide what they want for where they live, of course by way of a democratic process. This principle balances the rights of owners as well as addressing responsible public health policy. Discriminating against the rights of individual owners is hardly going to be a long term solution and from experience always ends in conflict. To avoid that, it is best to let the body corporate self-govern the scheme.
