• FuglyDuck@lemmy.world
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    2 months ago

    Can’t smoke on the balcony,

    Because that smoke goes into other people’s apartments. People who may not also be smokers or may have asthma or other medical conditions in which 2nd hand smoke is bad. not actually a building choice… most states now bar smoking inside or near a multi-unit residential building.

    can’t dry clothes on it,

    19 states have some form of “right to dry” legislation, most of which would protect drying on patio space.

    can’t cook on it,

    usually a matter of firecode. where I am, it’s illegal to have wood burning fire pits or charcoal grills, but gas grills are fine. Also, turkey friers.

    These rules are because people are stupid and have caused apartment fires numerous times with these things. can you use charcoal safely? sure. Also, another reason smoking is generally illegal. there’s always that one smoker that forgets to clear out the ashtray every so often and that catches fire. (or they put a tissue in it or something, and that’s not at all fire retardant.)

    can’t display any thing like a flag or banner on the balcony because of some made up aesthetic code, etc.

    not actually legal. if there’s a residential building code that bans political speech (banners, flags, etc) then that’s a first amendment violation. The apartment can (maybe) ban things in their contract agreement, but that’s not a building code. that’s a contract agreement, and as long as it’s not exactly graphic, it probably falls into the “unenforceable” category.

    • Jerkface (any/all)@lemmy.ca
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      2 months ago

      that’s a first amendment violation

      It is a first amendment violation when THE STATE and ONLY THE STATE restricts your expression. You can absolutely have your expression restricted by private agreements that you willingly enter into.

      • FuglyDuck@lemmy.world
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        2 months ago

        When it’s a private agreement, that’s not BUILDING CODE.

        Read my comment again.

        Building codes are regulations imposed by city, state, or federal governments. Not by HOAs or landlords. If there is a building code that restricts political speech, it’s a first amendment violation.