In Victoria, an owners corporation (formerly known as a body corporate) cannot impose a blanket ban on residents smoking inside their own lots (private apartments or units), but there are important legal provisions regarding smoke drift and common property:
- Multi-level Developments: Since December 2021, a model rule (1.4) under Victorian Owners Corporation legislation states that “a lot owner or occupier in a multi-level development must ensure that smoke caused by the smoking of tobacco or any other substance… does not penetrate to the common property or any other lot.” This means that if smoke from a resident’s lot drifts into common areas or a neighbour’s apartment, the owners corporation can require the resident to take steps to prevent it. This also generally applies to both tobacco and e-cigarette smoke.
- Common Property: Owners corporations can make rules that completely ban smoking in all common areas, such as courtyards, stairwells, hallways, and shared facilities. Residents can be prohibited from smoking in these spaces. (R1)
- Enforcement: If a resident’s smoking is affecting others (e.g., smoke is entering a neighbour’s lot or common property), a formal complaint can be lodged. The owners corporation may enforce the rules, and repeat breaches can potentially lead to civil penalties. (R2)
- Single-Level Developments: The power to regulate smoke drift is largely limited to multi-level buildings (apartments) and does not fully apply to single-level townhouses, though health and safety model rules may still be used if smoke causes a “hazard” to another lot. (R3)
In summary, an owners corporation in Victoria can stop a resident from smoking if it causes smoke to drift into common property or into someone else’s lot in a multi-level building, and can ban smoking in common areas. However, it generally cannot outright ban smoking inside private apartments or units, unless such smoking leads to smoke penetration affecting others.