My HOA is trying to squash my egg.

bgebuddy

In our last community newsletter, there was an item that claimed that "firepits and barbecues" were not allowed in my townhouse community, and they cited the city and county (Denver, CO) fire codes as their reason for this. I checked with the city, and the only policy they could send me was for barbecues on balconies. I actually have a small private fenced yard that has other small fenced yards near it. There are no balconies anywhere near these yards, and there are no units located above the yard where I cook except for mine.

I am keeping a copy of the printed policy that the city of Denver sent me today in case anyone tries to claim that I am not allowed to use my egg. Does anyone have any additional advice for me here?

Misippi Egger

Don't give in to the BBQ "nazi's".... :silly: :woohoo: :woohoo: :woohoo:

Seattle Todd

Do many of the neighbors have charcoal or gas grills?

If so, and if they start pressuring you but none of them, and if it were me in your situation I'd fork out money for an attorney to try and keep my BGE's.

Homeowners associations are notorious for putting in rules that are not legally enforcable. OT but I had a co-worker that moved into a condo that prohibited satellite dishes on the exterior. He happened to be a HAM radio operator so knew something of FCC laws and regulations and apparently there is a statute that gives everyone the right to have satellite tv. He hired an attorney and I believe the HOA did as well and it was open and shut in a few days.

Richard Fl

Used to live in a condo assoc, 2 unit townhomes and cooked on the large for 3 years no restrictions in the hoa docs and never a problem other than when an elderly neighbor complained about the smoke. Gave them some food, never again a problem.

However, here in Brevard county Fl the condos have fire code restrictions that prohibit outdoor cooking units. Friend of mine got busted a few years back by the fire marshall doing an annual building inspection and my friend had 2 gas grills on his second story unit. My friends rebuttal was that he was the neighborhood emergency feeding station during hurricanes when there was no power and the fire marshall kinda smiled and said "Have a nice Day"

fire egger

your handling it the right way. I am in charge of the Fire Marshalls office at my department, and suprisingly we get a lot of these cases where people try to use "fire codes" to settle disputes, enforce rules, etc.
THere are both national codes and local ordinances that could apply, when you are talking to the firedepartment, be sure and talk to a fire inspector and ask about both.
If they press the issue, request thr ordinance or code title or number,that they are referencing, then research it as you did before. you can also request a meeting with the Fire marshalls/ fire inspector and the HOA people if it continues.


Good Luck
Kendell

tach18k

They need to legally define "firepits and barbecues" I think you own a ceramic smoker. If one had an electric smoker outside would that be illegal? How about a George Foreman Grill.

Pepper Monkey BBQ

I would volunteer to host the next HOA meeting at your place ... cook for them ... they'll quickly drop the issue!

JM

Unknown

at 2min 50 secs
bbq is not a cook out
bbq is not a grill
bbq is meat cooked in a special way..

http://www.youtube.com/watch?v=6ubTQfr_tyY

fire egger

That was funny

[Deleted User]

Next thing you know they'll be handing you the latest revision of the "Newspeak" dictionary.

SLOandSteady

For added security or leverage, check whether your deed or the previous deed contained any restrictive covenants. Additionally, if possible, check the subdivision plat or map recorded with the county where your property is located to see if there were any restrictive covenants contained therein. If the developer covenanted that no parcel/unit would be permitted to use such a device, than that will be imputed to you although not contained in your specific deed. A lack of a restrictive covenant in both of those two situations weighs heavily in your favor.

***NOTE: This is not legal advice.***

stike

even when the ban "open fires", yours is not an open fire.

an association can make up whatever rules they agree on, though. thing is, if they say it is a rule based on a rule that doesn't exist, then it sounds like they are making it up.

one reason they might not want them is for safety (fire), the other might simply be smoke.

i would b!tch though, if they allow gassers. they are no safer than an egg. less safe, in fact

Jupiter Jim

bgebuddy,
I live in Palm Beach County, Florida and I think we are the capital of HOA and Condo Assn.
I'm on the Board of Directors of our Condo. Our Attorney tells us that the rules that the Board sets forth are not very defensible. But the articles of incorporation and our condominium documents are very defensible.
Here in FL our local governing bodies rules/laws are enforced by them and they usually win.
I recommend that you read every word of your HOA documents and know what they are. I would also recommend that you get involved with the HOA Board of directors, like get elected and then you will have input as to what happens in your community.
You can sit by and complain about the HOA Board of directors or get involved and be a part of the solution.
The AS@H&$# that lives next door to me has complained to me about the smoke from my Eggs and we have no rules against Gas, charcoal or any kind of grills. He has talked to the Board of Directors and they have told him to bad, I'm doing nothing wrong. No matter how I change my setup or move things he is still not happy. I have told him many times to call the Town of Jupiter code compliance and complain and when he called the Police they told him I was not breaking any laws.
Good Luck, Hope I have helped.
Jupiter Jim

HungryMan

Put an empty propane tank next to and glue the hose to the egg.

Big'un

Dang Jim! Just feed the a$$h@!e.

Jupiter Jim

Big'un,
The guy HATES me and will not even say hello. I have tried to be his friend but he is just an angry person.
I just don't care anymore, it's his problem.
Jupiter Jim

Jupiter Jim

He would think I'm makeing a bomb! :laugh:
JJ

bgebuddy

I have a message in with the fire inspector here. I am going to know so much more about this than any one else that lives here that they will not be able to make up
BS like I believe this is.

I will also offer generous helpings of brisket and butt, if that's what it takes!

I will let you all know what happens...

Hoss

I would say"KMA,HOA!"I would also move,I could not live in the middle of a herd of "PR-CKS"like that! Or better yet tell them all to move if they don't like it.DO NOT BACK DOWN!!!I HATE A--holes!

rsmdale

They tried that here in CALIFORNIA with outdoor fireplaces I told them it was a pizza oven-case closed.And by the way your not gettin my Guns either!!!!


GOOD FRIENDS And GOOD EATS

DALE

cookn biker

That's such crap. Sounds like and insurance policy thing for them. I'd do exactly what you said. If your following the law how can they site you?

stike

make sure to demo the thing and show him how it is airtight and that the coals will snuff out, etc.


not your regular" "charcoal grill"

HungryMan

That will clear out the neighborhood

fire egger

Feed the fire inspector!!!

fishlessman

if the fire inspector wants to look at it, make sure you have the screen for the lower vent and i might also add one for the top vent to arrest the sparks. my tent stove is set up with spark arrestors and ive been allowed to use it even during firebans. have an exstinguisher nearby in the open for him to see as well