Smoking in retirement villages

Smokers aren’t very common these days, but we still get the question, “can I smoke in my retirement village unit”?

Common areas

Like most public facilities, smoking is not allowed in the community or common areas of a retirement village. Some sites may have a dedicated smokers’ area however, particularly if there are staff members that smoke. This area is usually on the boundary of the property or somewhere the smoke doesn’t affect others.

Smoking in your unit

Residents are permitted to smoke inside their leased or licensed area, which typically means inside the unit, but could also be expanded to include the unit’s balcony or patio area.

Smoking in your leased/licensed area can present some problems however.

Smoking inside a unit causes advanced wear and tear (resident damage). This damage occurs as the yellowing of any white or neutral coloured surface (ceiling, walls) and significant smoke penetration into soft furnishings such as curtains. In most contracts, the resident would be responsible for the rectification of any smoke damage to the unit when they leave.

Another complication of smoking in your unit is that staff are legally entitled to refuse to enter, even in the case of an emergency, due to the harm that may be caused from the second-hand smoke.

Smoking outside the unit on the balcony or patio is likely to impact on the neighbours, as smoke wafts into open windows and doors. Residence contracts and the retirement villages legislation in most states obliges residents to not doing anything that impacts on the peace and well-being of other residents. The wafting of smoke from your unit could reasonably be considered as a breach of this obligation, which could result in legal action including the termination of your residence contract. Remember, these village rules and by-laws are put in place for the protection of the well-being of the entire village community.

Transitioning from retirement living to residential aged care

Under Government regulations, you are not allowed to smoke on aged care premises. This goes for staff and residents. If an aged care resident is immobile and has to smoke, they need to be escorted off premises by staff and, as you can appreciate, aged care facilities don’t have spare staff sitting around to take a resident out for a smoke break five times per day.

It is such an issue for aged care that most facilities simply refuse to accept smokers. In the context of a retirement village resident, it means they are trapped in the village with declining health, dependent on external home care services to keep them alive.

The last word

Retirement villages across the country are full and most sites run waiting lists for units that become vacant. This means staff can pick and choose who they let into the village and, between you and me, they won’t accept smokers for the problems outlined in this article. Either quit smoking, or look at other accommodation options.

 

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