- This topic has 2 replies, 4 voices, and was last updated 5 years, 8 months ago by .
-
Topic
-
Can children be banned from playing in common areas. The common areas consist of a large entrance and driveway and parking lot. The property is in South Australia.
-
Replies
-
It is not uncommon to find by-laws in apartment blocks that forbid children from playing in common areas or car parks. In some they’ll say they can’t play in common areas without adult supervision.
South Australia has its own approach to by-laws, which are called Articles there. You will find the model articles HERE in a handy publication. The articles can be changed by special resolution but there are no fines attached to breaches of the Articles unless there is another Article saying that fines can be applied. That said, the strata corporation gets to set the levels of the fines themselves.
However, any articles that reduce the value of a unit or unfairly discriminate against a unit owner may be struck out by order of the Magistrates Court or the District Court.
So there could be an Article to forbid children from playing in common areas but their parent or guardian could argue that it was discriminatory.
On the other hand, there are Articles that basically say residents or their guests can’t disturb the peace and quiet of other residents.
Choose your poison.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.
Children should not be allowed to play (with or without skates, skateboards and the like) in parking areas or driveways on safety grounds. By the same token, there should also be signs in such areas warning drivers of the possibility that they may encounter children.