In the ACT at least, the default rule includes annoyance. Annoyance can include things without proven harm. The annoyance has to be ‘substantial annoyance’, not some trivial annoyance. I would argue that a smoky BBQ used often could amount to a ‘substantial annoyance’ but a BBQ used only infrequently could be a minor annoyance that should be tolerated.
Use of unit—nuisance or annoyance
- A unit owner must not use the unit, or permit it to be used, in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.
- This rule does not apply to a use of a unit if the executive committee has given an owner, occupier or user of the unit written permission for that use.
- Permission may be given subject to stated conditions.
- Permission may be withdrawn by special resolution of the owners corporation.