#51721
Jimmy-T
Keymaster

    First of all, your by-laws can dictate what is and isn’t allowed on balconies as, in most cases, they are common property.

    Now, that said, a coalition of snag-burners and investors who don’t want to do anything that might turn away potential renters would prevent any by-law that sought to ban barbies.

    However, you could make the use of barbecues subject to a reasonable code of conduct which could include items like:

    Permission to use a barbecue on your balcony may be assumed unless it is withdrawn due to breaches of this code of conduct.

    Barbecues must be cleaned with detergent before or after use, definitely NOT “burned off”.

    Barbecues must not be the main method of cooking food in the home and use should be restricted to a maximum of two or three days per week.

    Solid fuel barbecues and smokers are strictly forbidden.

    A portable fire extinguisher should be kept close by when the barbecue is in use.

    Gas barbecues must be checked by a professional every year (with a certificate provided to the strata committee or strata manager)

    Children or adults affected by alcohol or drugs must not be allowed to operate the barbecue.

    Offensively odourous food such as fish, seafood and pungent meats  should not be cooked on the barbecue.

    Failure to abide by this code of conduct could lead to permission to use the barbecue being withdrawn and continued use thereafter subject to action at the tribunal and fines.

    Now, that will seem harsh and restrictive to some people especially those who feel no need to consider anyone but themselves.

    But they’re not as harsh as having to sprint to close your windows when the beef-burner downstairs fires up.  Or even worse coming home having left your windows open on a hot day, only to find you are breathing smoke and fat for the next few hours.

    Just as an  aside, I live in a building that supposedly has cross-ventilation and which, as a result, doesn’t allow air-conditioning.  I reckon I could run a case at NCAT that allowing barbecues when you have no choice but to leave your windows open in summer is “harsh and unconscionable”.

    But I won’t because there’s something about the consumption of overcooked meat and undercooked sausages that makes people hyper-aggressive (and enough of my neighbours hate me as it is).

    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.