This article discusses whether a body corporate ban on gas BBQs on a balcony is valid and explains how to check registered by-laws and what options owners may have.
Question: We’d like to have a gas BBQ on our balcony, however, the by-laws for our building do not permit gas BBQs. Other unit residents in our area have gas BBQs on their balcony. Why can’t we?
We are owner occupiers of a unit on the Sunshine Coast, Queensland. We would like to put a small gas BBQ on our balcony, however, we have been advised that the By-laws for our building do not permit gas BBQs.
I have been unable to locate anything in the QLD Fire Regulations which state that gas BBQs are not permitted in strata title units.
Further, we have observed other unit blocks in our area have gas BBQs on their balconies. Should we be allowed to install a gas BBQ on our balcony if the balcony forms part of our unit?
Answer: Depending on what your by-laws actually say, there will be different options for you to pursue at that point.
If you’ve been told – presumably by your committee or your body corporate manager – that your by-laws prohibit gas BBQs then you should be able to see the actual by-law where it says this.
Ideally you already have a copy of your by-laws. If you don’t, you can access them directly through the Registrar of Titles: Contact – Titles Queensland. Only those by-laws registered with the Registrar are the ones applicable to you and your scheme.
Depending on what your by-laws actually say, there will be different options for you to pursue at that point.
This post appears in the December 2022 edition of The QLD Strata Magazine.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898