Florida law phoibits gas grills on balconies I have removed the tank and stored it in the garage but left the grille.on the balcony
In addition to local ordinances, your right to use a barbeque grill can be limited by the declaration of condominium and the rules and regulations of your condominium. You should review these documents and check with your condominium association to see if grilling on balconies is prohibited.
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Removing the tank doesn't necessarily make it a non-gas grill. You could find yourself in trouble if a state official or law enforcement decides to enforce the law as it is written. It's better to move it and avoid trouble. As Mr. Deason pointed out your association will probably harass you too.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
I believe that the prohibition is in the Fire Code, which states in part:
or other than one- and two-family dwellings, no hibachi, gas-fired grills, charcoal grills 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.
So the Code goes to "use" rather than storage. If the tank is not attached, you can prove that you are not using the grill, so I don't think you would be in trouble with Code Enforcement.
However, as noted, your association rules may be more strict, especially with respect to "storing" things on balconies or other outdoor areas.
I would suggest that you call the Association Manager to discuss this issue - perhaps they have a common storage area or common area where you could use the grill.
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