#21557
Whale
Flatchatter

    With regard to the safety netting, there’s a school of thought suggesting that parents of small children should be proactively installing devices on balcony facing windows and doors to restrict the opening width of those such that their children cannot access the balcony area at all – unsupervised.

    Then there’s another suggesting that child-proof netting may be classified as a “child safety device” (CSD) which may be installed by notification only to the Owners Corporation after installation under the provisions of Clause 64A(6) of the NSW Strata Schemes Management Act…… but that only applies IF that type of CSD is prescribed in a regulation, where right now Clause 31 of the current Regulation (2010) states:

    (3) A screen, lock or any other device is a complying window safety device for the purposes of section 64A of the Act if it:

    (a) is capable of restricting the opening of a window so that a sphere having a diameter of 125mm or more cannot pass through the window opening, and

    (b) is capable of resisting an outward horizontal action of 250 newtons, and

    (c) has a child resistant release mechanism, in the case of a device that can be removed, overridden or unlocked.

    ….. clearly none of the above would be satisfied by child-proof netting!!

    This is a difficult issue, where I’d suggest that your Strata Manager advises the Owners concerned that child-proof netting is not at this time a complying child-safety device under the Regulation (2010), that they might in the interim (or instead) consider fitting complying devices to the balcony facing windows/doors where notification only is required to the Owners Corporation (O/C), and that the O/C will be soon drafting a generic Special By-Law (SBL) to manage all existing installations and any that may in future occur.

    Then as I don’t think that an outright refusal of this or similar “notifications” could be sustained if even on purely emotive grounds, you need to have your Executive Committee meet to consider the suggested SBL and what it should be encompass – including (but not limited to) the need for O/C consent, the appearance issues that you’ve raised, product specifications / certifications (in Aust.), indemnifying the O/C, and on-going maintenance responsibilities incl. for all points of attachment to the common property.

    With regard to the internal renovations proposed, the Strata Manager should know what to do – including advising the Owners to, prior to any works commencing, supply details of precisely what is proposed and when, including tradespeople’s details (incl. licenses and insurance) so that it can be properly considered by the Executive Committee initially, and perhaps by the O/C if the renovations are to incorporate any changes and/or additions to areas of common property within the Lot.