Can a condo association force its owners to remove barbeque pits from their balconies?

Question

I own a condo in Louisiana. I was recently informed by the office manager that all the owners may be forced to remove their barbeque pits from their balconies due to insurance requirements. There was no rule against this when I moved in. Is this legal? Do they have the right to tell me what I can and cannot put on my balcony?

Answer 1

More than likely it is legal. There are quite a few laws in apartments (especially complexes) concerning barbecue grills and pits, they pose a fire hazard.

Answer 2

Well you could always leave the BBQ pits and just not buy insurance...which wouldn't be a great idea.

There may be local ordinance / law that is requiring this and not insurance. If it is actually an insurance company that is forcing the removal of the BBQ pits just make sure the people in charge at the association are getting quotes from multiple companies and maybe one of the companies that quotes won't force the removal of the pits, but that's doubtful...especially in Louisiana where I'm sure the insurance market isn't very soft you might not have a lot of options.

Answer 3

Yes, the condo association has a right to govern what you can and cannot put anywhere on your premises. The condos can be refused insurance coverage if the occupants are using any fire increasing items on their property.

If the association is refused insurance coverage, the buildings have to be evacuated. This is separate insurance from what you have to carry for coverage of your own belongings.

When you use a BBQ pit, it is only common sense that you should not be using it on a balcony and that it would be a fire hazard.

Answer 4

I used to do marketing for large commerical account which means finding large businesses insurance. There are fewer insurance companies out there that want to insure residential type of properties because of all of the claims. One of the big claims is fire from grills. People leave them on and don't worry about them. With every association I wrote, one of the rules that the condo association had to enforce was no grills on the balconies or patios. Usually they have a distance from the building before grilling is allowed. It is an inconvenience for you but it is the difference between getting insurance for the building or going without.

Answer 5

Well, what happens is that the association membership has to choose between 1. being able to insure the building or 2. changing the bylaws to disallow BBQ pits. I dare say, mostly everyone would rather eliminate the BBQ pits than NOT INSURE THE BUILDING. So, when this comes up to vote, the bylaws will be changed, and you'll have to move the pit.

Ah, the glories of condo ownership.

Answer 6

If they have to enforce a fire code, then they do. If they risk losing their insurance/your insurance that's not a good thing and obviously telling the ins. co. they didn't know better was not good enough. With the law, ignorance counts for nothing. Better safe than sorry.

I live in Maryland, so different law, but when I had an apartment, the closest a BBQ grill could be to the building was 50 ft. Also some condos around here have BBQ areas with those crummy grills pre-set up.

Answer 7

They sure can, trust me I am going through the same thing right now, and mine is a foreman electric grill. Can you believe.
If the insurance company will not insure you if the place burns down, than I think you should obey!


PS. I even received a bill for a box that I left outside my entrance door for 4 days. I was suppose to bring it to the dumpster and break it down. 100$ the bill was sent with a picture of my door showing the unit number with the box. It's ridiculous. Just make sure you let them know when you are unhappy about something!

Answer 8

Yes, because grills on balconies pose a fire hazard. Your condo wouldn't be able to get coverage if they allowed tenants to bbq on the balcony.

I know it sucks but that's how it is. I hate our Home Owners Association.

Answer 9

It really depends on the bylaws in your CCR documents and what association rules your homeowner association has, I would read through those documents to see where you stand. Some Condominium associations are run like a dictatorship that makes up subjective rules as they go along, also ask to see the written rule for your self.

Answer 10

Owner's association's have a lot of leeway depending on the language of the specific terms of the agreement. Look it over for any language that indicates they have the right to enforce changes to keep your property safe and insurable.