#51209
Jimmy-T
Keymaster

    I could make the usual jokes about it being unAustralian to not want barbecues on balconies but this is just about the ultimate expression of resindent not givin a flying frankfurter about their neighbours.

    After 20 years of having my flat stunk out by people burning off the fat from their barbecues, rather than cleaning them, overcooking the cheapest cuts of meat, stinking fish and those mystery bags of death (aka sausages), I have given up.  In my block of about 130 units, approximately 20 have barbecues on their balconies.  Yet, in strataland, this contitutes a majority.

    Here’s my latest thought – the balcony is common property, the owners corproation can decide what is and isn’t allowed on the balcony.  Ask them to stop the foul smoke coming into your apartment and, when they say they can’t or won’t, run a section 232(2) case at NCAT, asking for orders requiring them to fulfil their obligations under the Act (i.e. control offensive and nuisance behaviour on common property).

    There really is no excuse for this.  Some people don’t mind barbecue stink but those who find it offensive  and for whom smoke is a health issue should be given precedence over those who want to burn meat as if they were living in a house with a garden.

    If you go to NCAT, I will turn up and support you. How’s that for a promise?  And given the way the Tribunal behaves these days, you never know, you might get a result.

    But be prepared for a nasty backlash from the “me first” carnivores.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.