Call for by-laws
CANCER Council WA wants the State Government to change the Strata Titles Act that is currently under Landgate review to protect residents from second hand smoke and make it easier to resolve neighbours’ disputes over the habit.
“During a period of public consultation, the issue of smoking was not raised in the Government’s discussion paper but was the subject of a number of submissions,” Cancer Council WA legal adviser Caitlin Kameron said.
Ms Kameron said that while the Act had rules about apartment living for pets, rubbish and drying laundry, it did not address smoking, making it difficult for strata managers to resolve arguments about smoking.
The Council wants a new model by-law that can be used to prohibit smoking on apartments’ common property in a draft Bill Landgate earmarked for Parliament in June next year.
“People should be free to do whatever they wish in and around their own homes, but only where their actions do not impact on the health and comfort of others,” Ms Kameron said.
Landgate operations general manager Bruce Roberts said there was nothing in the Act that prevented smoke-free zones being created by strata owners, if they agreed, and the proposed reforms dealt with better dispute resolutions that could help creating the by-laws.
Mr Roberts said controlling smoking was not among five parts of the Act authorised for review but some strata owners and residents had asked for some other issues, including pet control, to be considered.