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Smoke is always a controversial issue in sectional title schemes due to the proximity in which people live. In South Africa, smoking tobacco products is governed and regulated by the Tobacco Products Control Act (TBCA), which regulates smoking in public places, among other functions, and is defined as “any indoor, enclosed or partially enclosed area which is open to the public”. While...

A common dispute in sectional title has to do with smoke emanating from either a braai fire or someone smoking a cigarette. Many sectional title residents seem to think that smoke is something that one must tolerate in a community scheme environment. Let’s look at what the Act and conduct rules say about second-hand smoke entering a neighbour’s private space...