This article discusses a strata by-law restricting cooking smells, explaining in plain terms why banning “smelly” foods may be unreasonable and how nuisance laws may be a better option.
Question: Can you have a bylaw restricting residents from cooking smelly foods? Food smells in our building affect other residents in their lots and common areas. How can we control this?
Answer: A bylaw like this may be construed as harsh, oppressive and unconscionable.
You will appreciate that what are “smelly” foods is a subjective test. There is a recent case that suggests that such a bylaw may be construed as harsh, oppressive and unconscionable because such a restriction would unreasonably interfere with an occupant’s property rights, i.e. cooking being an inherent property right, however, the “smelly” cooking may be in breach of the nuisance provisions of the strata legislation should you wish to pursue the matter.
This post appears in Strata News #648.
Leanne Habib Premium Strata E: info@premiumstrata.com.au P: 02 9281 6440