Balcony Cooking, BBQ

I have sent my complaint to the Fair Trading and am awaiting a response for a mediation. We will take our case to the next adjudication level once this is over.

Most apartment declarations have provisions prohibiting owners from causing nuisances to other owners or residents, and board of directors, as part of their fiduciary duty to the owners, may have to enforce these nuisance provisions if allegations of nuisance or unreasonable amount of annoyance is made by one owner against another.

The declaration or a rule of virtually every apartment prohibits nuisance or other occurrences that interfere with the use of units or common elements by others. The board is obligated to enforce the declaration and rules. If mediation is unsuccessful we will make an application for adjudicators orders in the Consumer, Trader and Tenancy Tribunal seeking an order restraining cooking on balconies under section 138 of the Strata Schemes Management Act 1996 for breach of section 117 of the Act.

The odor nuisance travels into the neighboring units and STINKS. It is rude, inconsiderate, offensive, illegal, and a health hazard. We notified our strata manager and she in turn notified the Committee. We spoke to the Committee Chairman a few years back regarding this nuisance and spoke to him again last year in November (2010). He said he's not a lawyer, doesn't know the law, and would like to speak to my lawyer regarding this.

The law is unambiguous and its rationale clear.

Time and time again, it has been repeatedly declared … that where the law speaks in clear and categorical language, there is no room for interpretation. There is only room for application.

Nuisance is: “That which annoys and disturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable to him; e.g. smoke, odors, noise, or vibration…includes everything that endangers life or health, gives offense to senses… or obstructs reasonable and comfortable use of property… An offensive annoying, unpleasant, or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeated invasion or disturbance of another's right, or anything that works a hurt, inconvenience or damage.” (Black’s Law Dictionary, sixth edition)