June 16, 2024 – The barbecue season has been underway for some time now. However, this summer habit can lead to abnormal neighborhood disturbances. Most of the time, conflicts arise from their abusive use, especially when these devices are located near a neighbor's bedroom and the smells from what is being cooked are unpleasant. Additionally, excessive noise and noisy gatherings around barbecues can also disrupt the neighborhood's peace. To avoid these inconveniences, it is essential to adhere to certain courtesies and ensure not to disturb your neighbors. Maintaining a respectful distance and communicating with neighbors about planned gatherings can help mitigate potential issues.
Barbecues and declaration of co-ownership
The installation of barbecues on the balconies of a residential building can cause numerous problems between neighbors. Several co-ownership declarations prohibit any cooking devices on balconies, but often this rule is not respected.
Normally, any conscientious potential buyer should check if there is a provision regarding barbecues in the co-ownership declaration. This could influence their decision to purchase or not the desired (existing) apartment. For this reason, changing this rule afterward could create turmoil.
For new co-ownership units, the developer should provide the buyer with an information note specifying, among other things, the terms concerning barbecues. Unfortunately, many do not do this, although this information note is mandatory.
Destination of the immovable
But if no rule prohibits them in a co-ownership declaration at the time of its publication, it will be difficult to ban their use afterward. Some might claim that prohibiting the use of barbecues in a co-ownership constitutes a change to the destination of the immovable. If this is the case, a double majority vote (75% of co-owners representing 90% of all co-owners' votes) would be required during a co-owners' meeting.
Safety standards
These devices can also increase the risk of fire in a building, especially if they operate on propane gas. In this regard, the Régie du bâtiment du Québec (RBQ) reminds us of some safety guidelines concerning their use.
To make the public understand the implications, the RBQ has produced a video explaining how to handle a barbecue safely.
Firstly, to avoid gas leaks, it is essential to perform a leak test before putting your barbecue into service. Some components may need to be replaced. This involves, among other things, using soapy water to check for possible leaks in the connections, particularly the one that connects the propane gas tank to the hose feeding the burners
Safe usage
The RBQ also reminds us to store the device in a safe place and to use it only outdoors. Using it in a closed or poorly ventilated area can cause death due to carbon monoxide poisoning. This gas is colorless and odorless. Instructions are also given on how to light the barbecue safely.
Barbecue enthusiasts would also benefit from knowing the properties of propane gas, in co-ownership or elsewhere, as its careless use could have severe consequences. It should be noted that some co-ownerships prohibit barbecues, for example, 995 Muir (Saint-Laurent borough in Montreal), as they can be a fire hazard.
By Yves Joli-Coeur for Condolegal.com
Montreal, June 16, 2024
