Nuisance

This is a broad statement, and as you've guessed, lots of things can become a nuisance to lots of people. I don't think there's a one size fits all approach to this - you have to look at the specific situation.

Generally, I want to know: what is the problem, how long has it been going on, how many people have complained, did anyone speak to the owner about the nuisance and if so, what was the response? In our community, the primary issue concerns the number of people affected and/or if the common area is being affected - the more complaints we receive, the more likely the HOA would step in. If the common area's being affected, you probably need to step in sooner rather than later.

Until then, adults should be mature enough to TALK (not scream or threaten) to each other about what's bugging them. Sometimes, people don't realize their behavior is causing problems and fix it as soon as someone lets them know. Others want someone else to do the dirty work, but the Board can't jump into every single situation.

If it gets to the point where more firepower is needed, that's when you need a good rules enforcement policy where you have "friendly reminders/notices" up to the "fix this right now or we go to the attorney" letters. The board could put together some policies listing the criteria under which it will get involved and distribute that to the homeowners, along with suggestions on how they can handle problems on their own. People need to understand that they have to try and make an effort themselves before the board gets involved - and that the board cannot get involved in everything. You'll also need a fining schedule (if your state allows this) and an appeals procedure.

In this case, I'd ask these questions of the complainers and then go with them to the area and see for myself what's going on. For example, is this man's smoker creating billows of smoke that stinks up the area or causes visibility issues for walkers and drivers? Do the neighbors have health issues that flare up when the hickory or pecan wood chips start doing their thing? If so, talk to the man and have him stand where you're standing - sometimes people need to see for themselves what this looks, smells and sounds like, and from there, some sort of resolution could be reached. Perhaps the guy needs to move the smoker to another area or perhaps get a different kind of smoker that's less stinky, reducing the smoking to once a week as opposed to every day and try to do it on a day when the wind's not blowing as hard.

It essentially says that you can't do anything that may annoy your neighbors now or in the future. It is so vague that you should only enforce the most flagrant cases, and then only after consulting an attorney. In some states, courts must rule in favor of the land owner if the CC&Rs are ambiguous.

Feeding his family? Is he smoking meat and selling it as a business? Once in a while isn't bad but if it's happening 4 or 5 times a week then I'd say it is both noxious and offensive.

I forgot to add:

Unless there is language within the CC&Rs to allow for monetary penalties, to resolve the issue would have to go to court. An Association that takes such an issue through the courts would likely anger the courts as this is all subjective and without clear policies the issue can be difficult to win.

Thank you! I always try to picture what a judge would say. I can just picture someone standing in front of the judge saying, " but they smoke their the meals every night!". The judge is going to wish he was a friend and/or neighbor of this family fo' sho'!

How is it in Tennessee that someone finds BBQ smokers in the backyard noxious and offensive??

That's the first time in my life I've seen smoked food compared to dog poop. Nice!

It's a stretch, a very long stretch. Complaining about someone smoking food will do nothing more than cause yourself problems.

Solution- Go eat your damn salad inside!! LOL.

The only thing black-and-white I can say about the situation is that I think this extensive cooking smoke is a lot like secondhand cigarette smoke. The latter is getting a lot of attention in general condominium news. In this day and age, many see secondhand cigarette smoke as such a huge nuisance, and such a risk to health, that they argue it is a nuisance. Some condos are banning smoking altogether, ready to take on legal challenges. It seems like the anti-smoking crowd is seeing more and more success. I think it is a big deal. I think smokers should not be allowed to trespass on my air space and inflict health risks onto me.

If I were on GlenM4's HOA Board, I would vote this situation to be a violation of the rules but be ready to do battle.

Call the fire department or fire Marshal to respond to the smoke. There may be a law related to how close one can use smoker/grills. I know when I lived in an apartment, we could not grill on our back patios. (Although many did). It may be a city official like the Fire Marshal can give the best advise on how to handle this situation.

My neighbors are "burners" too. Meaning they burn alot of yard debris or sometime grill. They live in the county so can't do anything about it. 1 of them caught their porch on fire. Nearly burnt down the garage. I leave my back door open to let my dogs out or get fresh air. Plus sometimes run my whole house fan. That smoke smell fills my house quick. Not even a scented candle can knock it out. So I understand those who may call it a nuisance.

A couple of condominium secondhand smoke lawsuits, where the claim was "nuisance" or breach of "quiet enjoyment":

https://www.ocregister.com/2013/03/13/condo-owners-win-secondhand-smoke-case/

http://www.floridacondohoalawblog.com/2016/12/30/secondhand-smoke-on-condominium-lanai-what-are-my-rights/

Objection!
On what grounds?
Irrelevant.
Sustained. We are not talking about a grill on the balcony or back patios. Apartments do not have "lots".

SIGH ... People at what point in time are we finally to come to the conclusion that Citizens should be allowed to do certain things such as BBQ, have nice fire pits, etc. in their back yards on their own usually high dollar REAL PROPERTY! You know PROPERTY which is supposedly also protected by our United States Constitution and not to be infringed upon beyond a certain point!!! I predict that potentially if rights keep getting royally stepped on there at some point will be a royal revolt.

I will say that when I pass a BBQ place, I do like the smell.

However, I don't have allergies. When I drive by the place I spend 20 seconds or less by the smoke. Unless you are actually having to (or had to) deal with any issue 24/7, it is impossible to completely relate to the experience others may be having.

Objection!
On what grounds?
Irrelevant. We are not talking about 24/7 BBQ smoke.
Sustained. .

I wouldn't want such a person in the neighbourhood. Neither do I need those stupid teens with vape containers or whatever you call them. It's noxious when you have a person in your house who's allergic to smoke and dust.

Check out somevaping statistics