Flat Chat Forum Smoke gets in your eyes Current Page

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  • #51202
    Flame Tree (Qld)
    Flatchatter

    My neighbors think its fine to bbq on their mid of 3 levels from which the smoke curls up straight onto my balcony. I mentioned it and though they still do it at least are a little more concientious. I was thinking to put a $20 smoke alarm on my balcony, for their reference, but havent yet thinking it wouldnt be you triggering it, would annoy them and others even when you arent home and would be doing exactly what its designed to do. Anyways, I’ll leave that thought with you 😉

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  • #51209
    Jimmy-T
    Keymaster

    I could make the usual jokes about it being unAustralian to not want barbecues on balconies but this is just about the ultimate expression of resindent not givin a flying frankfurter about their neighbours.

    After 20 years of having my flat stunk out by people burning off the fat from their barbecues, rather than cleaning them, overcooking the cheapest cuts of meat, stinking fish and those mystery bags of death (aka sausages), I have given up.  In my block of about 130 units, approximately 20 have barbecues on their balconies.  Yet, in strataland, this contitutes a majority.

    Here’s my latest thought – the balcony is common property, the owners corproation can decide what is and isn’t allowed on the balcony.  Ask them to stop the foul smoke coming into your apartment and, when they say they can’t or won’t, run a section 232(2) case at NCAT, asking for orders requiring them to fulfil their obligations under the Act (i.e. control offensive and nuisance behaviour on common property).

    There really is no excuse for this.  Some people don’t mind barbecue stink but those who find it offensive  and for whom smoke is a health issue should be given precedence over those who want to burn meat as if they were living in a house with a garden.

    If you go to NCAT, I will turn up and support you. How’s that for a promise?  And given the way the Tribunal behaves these days, you never know, you might get a result.

    But be prepared for a nasty backlash from the “me first” carnivores.

    #51695
    Flame Tree (Qld)
    Flatchatter
    Chat-starter

    Hi Jimmy, good post. I recently read that balcony bbq’s are a leading cause of fire in apartment blocks in the UK. So the issue can create much greater problems than just someone’s burnt snag. I recently had this issue in Qld where the neighbor below placed his bbq on his balcony under my own.

    Fortunately I had just shifted my washing from there but it did come straight into my bedroom and I first noticed it when sitting in another room so it was annoyingly smokey. Fortunately in a round about way I directly advised the bbqers wife and it hasn’t been repeated.

    Hostile responses might include putting a smoke alarm on your balcony edge and if it goes off just let it ring out while you slip out for a coffee, or screaming fire and drenching it from your place with a curtain of water or cranking up your own stereo – immature for sure, but if they can expresss themself with smoke signals maybe you can too in your own way?

    Our place has recently purchased a community use bbq so with that available and being located out of the way that might even be the better option.

    #51721
    Jimmy-T
    Keymaster

    First of all, your by-laws can dictate what is and isn’t allowed on balconies as, in most cases, they are common property.

    Now, that said, a coalition of snag-burners and investors who don’t want to do anything that might turn away potential renters would prevent any by-law that sought to ban barbies.

    However, you could make the use of barbecues subject to a reasonable code of conduct which could include items like:

    Permission to use a barbecue on your balcony may be assumed unless it is withdrawn due to breaches of this code of conduct.

    Barbecues must be cleaned with detergent before or after use, definitely NOT “burned off”.

    Barbecues must not be the main method of cooking food in the home and use should be restricted to a maximum of two or three days per week.

    Solid fuel barbecues and smokers are strictly forbidden.

    A portable fire extinguisher should be kept close by when the barbecue is in use.

    Gas barbecues must be checked by a professional every year (with a certificate provided to the strata committee or strata manager)

    Children or adults affected by alcohol or drugs must not be allowed to operate the barbecue.

    Offensively odourous food such as fish, seafood and pungent meats  should not be cooked on the barbecue.

    Failure to abide by this code of conduct could lead to permission to use the barbecue being withdrawn and continued use thereafter subject to action at the tribunal and fines.

    Now, that will seem harsh and restrictive to some people especially those who feel no need to consider anyone but themselves.

    But they’re not as harsh as having to sprint to close your windows when the beef-burner downstairs fires up.  Or even worse coming home having left your windows open on a hot day, only to find you are breathing smoke and fat for the next few hours.

    Just as an  aside, I live in a building that supposedly has cross-ventilation and which, as a result, doesn’t allow air-conditioning.  I reckon I could run a case at NCAT that allowing barbecues when you have no choice but to leave your windows open in summer is “harsh and unconscionable”.

    But I won’t because there’s something about the consumption of overcooked meat and undercooked sausages that makes people hyper-aggressive (and enough of my neighbours hate me as it is).

    #56641
    Tartanbeed
    Flatchatter

    You should come up with something visible to them, something to get in their way, so that they realise their mistake, a kind of revenge plan.

    #56643
    Jimmy-T
    Keymaster

    You should come up with something visible to them, something to get in their way, so that they realise their mistake, a kind of revenge plan.

    OK … interesting … more please!

    #56644
    chesswood
    Flatchatter

    First of all, your by-laws can dictate what is and isn’t allowed on balconies as, in most cases, they are common property.

    No, they’re not usually common property. The floor slab is common but from there up to the next floor slab (or up to a certain height such as 2 metres above the floor) they’re part of the unit.

    But if the smoke is stinking-out other units, surely that would come under a peaceful enjoyment by-law.

    #56647
    Jimmy-T
    Keymaster

    No, they’re not usually common property. The floor slab is common but from there up to the next floor slab (or up to a certain height such as 2 metres above the floor) they’re part of the unit.

     

    Citation required for this (if you can find one). Unless you have a barbecue that floats above the tiles without touching them, then they are very much on common property … and even then …

    But if the smoke is stinking-out other units, surely that would come under a peaceful enjoyment by-law.

    You would think, but despite all the nonsense put out by Fair Trading and dutilfully published by the Daily Terror, the “nuisance” clause in the Strata Act specifically only applies to “smoke from smoking”.

     

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Flat Chat Forum Smoke gets in your eyes Current Page