Hi Gurus
One of the body corporates we deal with is really strange. There is six units in the block, four of the units are led by a power crazed woman who seems to think she can make up Queensland legislation (who needs a mandate from the masses?). Us and one other unit seem to be immune from her masiah spell and actually question her omnipotent reign (which makes her very unhappy).
Anyway
The latest thing is that she wants to ban smoking from the the individual unit private balconies and the public stairwells/walkways. Is this legal? It just seems like a bizarre thing that someone can tell someone they cant smoke on their own balcony? The tennants we have in the block do actually smoke – so as a landlord can i even tell them to stop smoking? Is it just me or does this seem a bit… odd?
Stage
Think you will find she is stepping over the line in her comments here.
I do not believe you could ever pass a motion (that would stand up legally) at a Body Corporate meeting to disallow smoking on private balaconies. Common areas maybe different but certainly not an area which own or have the right to occupy.
Richard Taylor | Australia's leading private lender
I was thinking about this while i enjoyed driving four km/hr across Brisbane's fantastically designed road network today. If a body corp could impose this sort of ruling wouldn't that decrease the number of potential tennants and therefore decrease the revenue potential of the property?
My block has recently put in similar rules. No smoking on the public areas or common areas of the building such as foyer, hallways, carpark etc. Also no smoking on a balcony if the smoke will interfere with other unit holders – such as going into windows etc. This is in NSW and should be legal and a good idea – be good if you could ban people smoking in all indoor areas!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You must be logged in to reply to this topic. If you don't have an account, you can register here.
