Monday 4 April 2011

Private smoking bans.

The residents of a Sydney housing complex have decided to impose a total smoking ban in and around their building. Some non-smokers complain that smoke from other units drifts in and causes them distress. At best, this is a huge bluff. The only way a smoking ban can be enforced is if it is supported by an appropriate act of parliament - as is the case with smoking in restaurants, pubs, clubs - and any enclosed public area. If space in the complex is rental units it is possible to add a clause in the rental agreement banning smoking, but if the units are freehold then such a ban is merely a " request " - and obeying it or otherwise is optional. This anti smoking ploy opens up a whole new can of worms. Whatever other activities can a body corporate ban if a majority of residents agree. We already have some classical wars on residents rights to own a dog or a cat. What else could be in the pipeline ? Maybe the deeply religious could ban sex - between unmarried couples. There are religions that consider drinking tea or coffee sinful. Then of course, alcohol is seen as a work of the Devil by those followers of many religions. Could we be heading into a regime when before buying a property it would be wise to consult a lawyer to have a search conducted on just what activities are allowed ? And more to the point - to get advice on how much weight such bans have in a legal sense !

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