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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Is it legal condo I live in to have the charcoal grill in

Customer Question

Is it legal for the condo I live in to have the charcoal grill in back of my bedroom window ?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

The Florida Fire Prevention Code prohibits this.

NFPA 1:10.11.7: For other than one- and two-family dwellings, no hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within 10 ft (3 m) of any structure. Listed electric ranges, grills, or similar electrical apparatus shall be permitted.

Additionally, many condominiums or apartment complexes have regulations on the use of barbecue grills that exceed fire code requirements. Please check with your management staff to see what requirements or exceptions apply to use of grills at your complex.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

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Thank you

Customer: replied 1 year ago.
I never use it but they have it two feet away from my window so everyone can barbecue . It's not on overhanging portion or balcony.
Customer: replied 1 year ago.
As for my hoa they seem to do everything to accommodate to renters
Expert:  Sam replied 1 year ago.

Hello

Thank you. So it is a common use grille? That is not illegal. If it is not a permanent fixture, ask them to move it a bit so the smoke is not affecting you.

Customer: replied 1 year ago.
They won't if I ask them to move it
Expert:  Sam replied 1 year ago.

I see. Well, that is your recourse. As you can see from the law they are not in violation. You may want to talk to other owners and ask them to rally around you and present it at a HOA meeting. Take pictures when in use showing how the smoke interferes with your enjoyment.

Expert:  Sam replied 1 year ago.

Everyone has a right to the peaceful enjoyment of their home. If the smoke is interfering with that, you could have a nuisance lawsuit, if you want to go that route.

Customer: replied 1 year ago.
Ok thank you
Expert:  Sam replied 1 year ago.

You're welcome. Thanking you in advance for a positive rating as that is how I get credit for my time and information.

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