› Flat Chat Strata Forum › Common Property › Is it fair to ban using barbecues on balconies? › Current Page
There are real problems for OC’s that attempt to regulate what residents / owners do within their own lots.
It is the EFFECTS of resident activity that should be regulated, rather than resident ACTIVITY. eg a By-law controlling smoke (or smell) drift from balconies rather than banning barbecues. That’s why we can have a By-law controlling the behaviour of pets, but not their existence / keeping etc.
In addition a by-law control could also be warranted on safety grounds. If gas bottles are banned, the case has to be made that they represent a hazard and, if charging e-scooters within apartments is to be banned, the safety case has to be made likewise. There would seem to be a prima facie case for both. Safety is after all just minimising the risk of those impacts on other residents that would properly be afforded by-law protection.
I can’t help but feel that making the argument for banning the use of barbecues to reduce the risk of smell / smoke drift would be too long a bow to draw.