Can we ban kids?

There are those who say apartment blocks, like actors, should never have to deal with children and animals. The latter is a perennial topic in this column, but kids? Who could possibly have anything against kids?

QUESTION: Our small unit block was originally occupied by retirees. Now some units are rented to young families. We have people parking on common property and children riding bikes on the driveway and leaving them anywhere they like.

Would it be possible to alter by-laws so units could be occupied only by those over (say) 55? If not, how can we ensure that parking is only in designated places and bicycles etc are kept on the unit’s property? – Joseph

ANSWER: Anyone who has ever had to endure the thundering hooves of a herd of children on uncarpeted floors above, or the ear-piercing screams of a toddler through paper thin walls may well have asked themselves the same question.

However, under the law (Section 49 (3) of the Strata Management Act) unless a strata has been set up officially as a retirement village or aged care facility, you can’t ban children under 18 from any strata development.

So, first up I suggest that you try not to get into an “us and them” confrontation if you can avoid it. Arrange a meeting with some independent person as mediator (maybe your strata manager) and explain to the families concerned that they are breaking by-laws and all you want them to do is to stop.

If they refuse to talk to you or ignore your requests, you could get the strata manager or executive committee to issue breach notices (or notices to comply) which can carry fines of up to $550.

Your strata manager might also point out that by breaching by-laws, your neighbours are probably breaking their tenancy agreement – standard tenancy agreements include a clause that says tenants will abide by by-laws – so they could end up being turfed out (and in the current housing market that is a big deal).

That may seem harsh but sometimes explaining the worst that could happen is what it takes to get people’s attention; a policy of “speak softly but carry a big stick” usually works best.

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