#73872
Jimmy-T
Keymaster

    As someone who has been battling balcony barbecues for the past 20-odd years, my question would be, is it fair to subject your upstairs neighbours to the smoke and smell from burning meat?

    However, taking a neutral stance, it may be possible to keep everyone happy, provided you can persuade the meat incinerators to behave with a little consideration for the people living above and around them.

    With that in mind, you could suggest a by-law that allows barbecue use subject to conditions. It might read something like:

    Residents may not use barbecues on their balconies without the written permission of the strata committee. That permission would be subject to the following conditions:

      1. The barbecue must be gas or electrically powered.  Solid fuel barbecues are not permitted. Residents must make their barbecue available for inspection.
      2. The barbecue must not be cleaned by “burning off” the remnants of previous use.
      3. The barbecue must be cleaned between uses.
      4. Pungent foods such as seafood and unwrapped fish may not be cooked on the barbecue.
      5. The barbecue must not produce excessive smoke or smell.
      6. The resident must have a fire extinguisher or fire blanket available for emergencies.
      7. Permission may be withdrawn following any complaints from other residents about nuisance smoke or smell from the barbecue.

    That would seem like a reasonable by-law to me – but I would probably still vote against it because people who are inconsiderate of their neighbours usually don’t read by-laws anyway.

    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.