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The new NSW legislation due to come in mid-year doesn’t specifically ban balcony barbecues – or even barbecue smoke – but it does make it a lot easier for those of us who find the stink and fumes from inconsiderate neighbours intolerable.
And even those buildings that tried to sidestep any action against barbecues by passing dubious by-laws will find it hard to resist the pressure to act with common sense for the greater good of all residents.
Take the Kings Cross, Sydney, cross-ventilated high rise which last year removed barbecue smoke from its list of nuisances “because you can’t tell where it’s coming from”. Yet cigarette smoke was left on the list. Go figure.
The problem facing this particular building is that air-conditioning is banned so residents have to open their windows to cool their rooms. If the selfish moron beneath them fires up the barbie when they are out, they come home to a smoke and stink-filled apartment. As it is, there’s usually a sprint to the doors to close them when the first whiff of burning fat drifts upwards.
When the new laws come in, all it will take will be one resident to complain about one other, and cite the pro-barbecue EC’s “we can’t tell where it’s coming from” point of view, and, if legal logic prevails, NCAT will declare the building barbecue-free.
I realise that putting NCAT and legal logic in the same sentence is a bit of a stretch, but you never know.
Meanwhile, for a list of rock solid reasons that it’s time to ditch the balcony barbie, go HERE, where you will also find some hilarious (and very scary) videos of epic barbecue fails.
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.
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Perhaps it is time to investigate whether there is an accessible roof area that could be turned in to a nice shared roof garden with some seating and a BBQ?
At our OC (townhouses), we had a traditional wood BBQ that was used infrequently but it was in a nice location next to a playground. The table was small and underneath was unpaved dirt. Over the last few years we paved the area, added two extra large picnic tables and a pizza oven (ready made from Bunnings). Now the oven is used at least once a week, people get together with neighbours because, once the oven is lit, pizza cooking is really quick. All up the cost of the improvements was a very small fraction of our overall levies but it promotes community and adds to everyone’s property values, even if they don’t use it, but many do. The location is far enough from any units that nobody is disturbed, either by smoke or people staying up late. Even in winter the oven gets lots of use for weekend lunches rather than dinners.
Jimmy, from what I understand from your article here:
the nuisance rule will also apply to smoke from smoking.
Our strata has passed although not registered a ‘no smoking’ by law. As we want to be a ‘smoke free’ strata. One of our residents has said the new law takes away the need for registering the ‘no smoking’ by law.
I told them it didn’t. In my view under the new laws a person could still smoke and it would be up to someone else to complain and put on record that it was a nuisance to them. Whereas if we register the ‘no smoking’ by law there is no need for a person to complain or record that the smoking caused a nuisance to them.
Having regard for how ‘shy’ some residents who complain are to go on record I have requested that we proceed with the ‘no smoking’ by law registration.
How is that any more offensive than the acrid and disgusting asian or indian food that smells out whole floors and common areas in apartment buildings? I know this all in the nose of the beholder here (like bbq’s) but I find this way more offensive to the senses than a bit of bbq smoke now and again. The other smells are every day fare for these residents and so it never stops. I dont smell too many bbq’s in the heart of winter or when it is raining but I do get all the others more than regularly.
Does living in a “home” make it any less offensive to have the next door neighbour fire up their bbq when you are down wind ? Is that going to be outlawed as well?? These are hardly offensive and health damaging effect unlike a proven carcinogenic link with cigarette smoke.
I think you need to take a chill pill on this one as there is certainly no where near the same amount of offense caused by the odd bbq.
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