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.
Strata owners and committee members looking to implement by-laws restricting smoking within their complex can use this sample motion as a guide. Developed by qualified legal professionals, this resource provides a framework for drafting a by-law to address smoke drift and protect residents from exposure to second-hand smoke.
Sample motion – Editable Template
Note: The sample motion provided was developed by qualified legal professionals for informational purposes only. While every effort has been made to ensure its accuracy and relevance, this document is intended as a general template and may not be suitable for all circumstances.
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 |