People living in apartments are more likely to experience second-hand smoke due to how close they live to their neighbours. Second-hand smoke can drift between apartments through windows, doors, hallways and stairwells and can cause a variety of adverse health problems.
In NSW, owners corporations can make their apartment complex 100% smoke-free by introducing a 100% smoke-free by-law. By-laws are rules that all residents in strata properties must follow and help manage the shared living environment. The aim of a smoke-free by-law is to ensure residents can breathe clean and healthy air in both private and shared living environments.
Introducing a smoke-free by-law
Introducing a 100% smoke-free by-law is the most effective way to eliminate the health, legal and financial risks associated with smoking in apartment complexes. This involves:
- Gaining support for a smoke-free by-law by speaking to other residents and owners about the benefits of smoke-free living. If you are a tenant speak to your landlord so they can help advocate on your behalf.
- Adding smoking to the agenda of the next owners corporation meeting. This includes submitting a motion which explains the by-law change and the reason for the change.
- Raising the smoke-free by-law through a special resolution at the owners corporation meeting. The by-law is passed if 75% of owners agree.
- Registering the new by-law with NSW Land Registry Services within 6 months of the change being approved.
We’re here to help
Our toolkit: Smoke-free Apartments: A Guide to Smoke-free Living can help residents and owners corporations make their apartment complex smoke-free.
The toolkit outlines the benefits of a smoke-free apartment complex and the steps to take to achieve smoke-free living. It provides guidance on how to gain the support of other residents and develop and implement a smoke-free by-law in NSW strata schemes.
Supporting smoke-free living is a priority for Cancer Council NSW. Everyone has the right to breathe healthy, clean air and our Smoke-Free Apartments toolkit can help people living in apartments in NSW have a healthy smoke free home.
These posters help communicate smoke-free by-laws in apartment complexes.
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Term |
Definition |
| Annual general meeting | A meeting of the owners corporation that must be convened once a year |
| By-laws | Rules that all residents in strata properties must follow |
| Common property | Shared areas in an apartment complex |
| Extraordinary general meeting | A meeting of the owners corporation which is not an annual general meeting |
| Motion | A proposal put forward to be voted on at a general meeting |
| Landlord | An owner who rents the apartment to a tenant |
| Lot | An apartment within a building either owned or rented by a tenant |
| Owners corporation | Every person who owns an apartment is part of the owners corporation |
| Proxy | A person appointed in writing by an owner to attend a meeting and vote on their behalf |
| Special resolution | A resolution passed at a general meeting of the owners corporation in which more than 75% of owners agree |
| Strata/ executive committee | Elected members of the owners corporation who are appointed to make decisions on behalf of all residents |
| Strata manager | A person who is appointed to carry out the decisions made by the strata committee |
| Strata scheme | A system for managing the individual lots and common property of an apartment complex |