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Topic
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We have received an email from a resident asking permission from all residents to hold an 18th Birthday party for his daughter using common area and restricting access to all garage areas from 3:00pm – 12:00am on July 28th. He has stated at the bottom of his email the following “I would need agreement from majority for this to go ahead”. Firstly I can’t believe that this would be true as no one should be able to restrict access to another person’s garage or in general the property and I wouldn’t believe that it is a “majority rules” situation?
Secondly and most importantly the risks that this would pose to the property and residents.
1. Who would be liable for any incidents or accidents should they occur?
2. Who would be liable for any damages caused by party goers?
3. How would they be ensuring the property is secure from party crashers?
4. How will they ensure the safety of residents and the security of apartments?
Is it possible for this party to go ahead even if we are the only residents not agreeing?
This is the email received:
“Hi everyone
?????? 18th Birthday is in July and I would like to celebrate this special birthday with a party here. As you can imagine a 18th Birthday party has its challenges with venues not keen to hold event.
I have a special request if all would agree. I am proposing holding the event in the upper and undercover car park on the night of the 28th of July. There are some elderly family members attending therefore I am trying to make it as comfortable as possible, as you can imagine late July would still be rather cold (hope it doesn’t rain) This would mean restricting access to garages from about 3pm that afternoon till about midnight.
I would need agreement from majority for this to go ahead.
Awaiting your response asap.
PS all are invited. I plan on having a wood fire pizza on site DJ lighting and a great atmosphere.”
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Replies
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Well, at least he is asking. The questions you raise you should be putting to the person requesting permission.
As a start, if someone wants to do that, they will probably need Council permission – a wood fired oven in a car park? Insurance?
I think your owners corporation has to be very, very careful here if only because, regardless of what agreements they make with this owner, they (including you) will be responsible for whatever occurs on common property.
There is no mention of the number of people likely to be involved but you can assume it will be substantial. How are they going to get out of the garage in the event of an emergency. Will there be security? Will there be alcohol involved? Presumably if there are disco lights there will be music? How loud will it be?
I hate to be a party-pooper but your neighbours would have to be nuts to agree to this, especially at such short notice. The potential for disaster is too great and you’ll be the ones who cop it if anything goes seriously wrong.
It’s a big thumbs down from me.
Oh, and they would have to get the permission of every garage owner whose access will be restricted, regardless of what the majority of owners think.
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A number of huge red flags here:
As noted in the [original] email venues are reluctant to host these events. If the professionals don’t want to touch it why should you?
Where would the guests go to the toilet?
Who will clean up afterwards? There will inevitably be huge amounts of alcohol and probably illicit drugs.
Where would the residents park their cars? And who will pay for any costs? Or if they leave them who will be responsible for the inevitable damage?
As noted by Jimmy: How much security will be provided?
And how will they know who has a legal right to be there? I.e. guests and residents? Will they prevent unauthorised people entering the residential areas?
Does the host have public liability insurance?
Just to really convince you that this is a really bad idea go to the local police station and ask them about 18th birthday parties held in semi-public areas. Maybe even mention the name of the resident and see if their eyes roll.
Oh and if for some reason you decide to let them proceed, see if your insurance allows for this type of function and whether or not a riot by invited guests is covered.
Yes, there are very good reasons for professional venues refusing 18th birthday parties – and maybe the level of costs, including insurances, has made the owner suggest this, potentially at the expense of the Owners Corp.
What happens when some kid puts the venue out on social media and a riot ensues? Has no one seen the TV news footage of what happens in suburban houses when parties get out of control?
Daddy has had 18 years to prepare for this … your building should not have a smidge of guilt about saying a very firm NO.
If I were Revolvo, I’d print these messages out and post them on their noticeboard. And I would quietly tell the strata manager that if permission is granted, I’d be seeking an interim order at NCAT to prevent it – last minute or not.
And as Scottie rightly points out, a wood-fired pizza oven in an enclosed car park? Are these people insane?
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Revolvo
it seems to me that you are not in favour of this party, and looking for an excuse to say no.
You are under no obligation to tell the applicant why you will not approve his request, and neither are any other residents obliged to do so.
I’m not even sure who ( the SC or the OC ) has the right to approve this request. I doubt that ” a majority” need to approve this. I think that everyone would need to approve the request because the inconvenience affects everyone and there is no alternative to the inconvenience.
Just say no
Robert