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“Children must supervised…” seems to be a common sign around such areas. But again, somewhat vague, especially as far as the actual adults are concerned.
If I’m watching my kids from the window, is that okay? Or do I have to be with them at the place of play?
Hmmm. Speedbump or by-law? Wonder which one most owners would go for…
Is this decision to be made by the owners or the management organisation?
If you don’t already have a cheque account, better get your running shoes on. I’ve heard bank announcements that they won’t open new cheque accounts. Cheques are almost extinct.
Wow, when did that happen? I mean, the cancellation of cheque accounts.
And this is just the banks’ wish?
What’s the solution to that? Payment by cheque at the agency is available, but a cheque account can’t be opened….What if … the zone becomes a pedestrian zone. So children will be able to play safely and cars will drive slower…
Yep and add a speed hump or chicane or whatever to slow cars to walking pace. That’s what I meant by an engineered solution, rather than a regulatory one.
Yes, it’s a good engineering decision.
I added that to my post and the post disappeared 🙁But it’s not in NSW legislation, is it?
There is legislation and then there is accepted or normalised behaviour. If the insurance companies treat fixtures and fittings as if they were common property but strata schemes treat them as lot property, then that will be accepted until someone takes a case to the Court of Appeal and gets a definitive ruling.
I got it. As long as everyone is happy with it, it stays the same. Thank you.
Those scenarios aside, no one is going to come around and measure your balustrades and fine you if they aren’t high enough.
It’s a very good thing that it doesn’t bother anyone.
What if the situation is like this: this balustrade is installed at the right height and in full compliance with the scheme. But still something happened and some person tipped over and was seriously injured. Who would be responsible in this case?
I understand and agree with your reply.
My query was prompted by the wording of the Insurance PDS which states “…..fixtures and fitting attached ….so as to become legally part of the building…”
As you say, you doubt that this ‘transfer’ is legislated, but Insurance Cos are usually pretty tight with their wording.
If it does appear somewhere in NSW Strata Legislation it may have consequences for Strat v Owners responsibilities.
By the absence of other responses I guess nobody else has sighted the clause.
Thanks
Geoff
Really, I hadn’t noticed that.
But it’s not in NSW legislation, is it?If the council ordered your scheme to replace the balustrades or make them safe, you could be fined for ignoring the order. But the order would have to come first – you can’t be fined pre-emptively
There is a prescribed height. I understand that this is a rule that has to be observed even without an order. Or is it not?
Hi. Can you please tell me if it is possible to just cut this bamboo with hands or will there be a liability for that?
It may be that noise is bugging your neighbours more than the fear of financial responsibility, but that’s the kind of argument that gets owners’ attention when it comes to a vote. You need to find an area where the kids can play safely and be left to be kids.
And if there are no special places for kids’ play nearby, in such a case, can the authorities be approached to create such places?
Or is it the parents’ problem?In my childhood, we played wherever we wanted and everything was fine. Probably the author of the topic has very angry neighbours.