› Flat Chat Strata Forum › By-laws and outlaws › Children playing on driveways › Current Page
Hi Dan, as no one has answered I will put my bit in. I am hesitant as I remember my childhood and kicking footballs and playing hopscotch on driveways. Children are always going to be children.
In my view there are lots of liability issues here. Our strata hasn’t got any special bylaws and by default adopt the model ones in the legislation. I don’t know what bylaws your strata has but at https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/sch1.html
at bylaw 7 it says:
“7 Children playing on common property in building
An owner or occupier of a lot must not permit any child of whom the owner or occupier has control to play on common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain on common property comprising a laundry, car parking area or other area of possible danger or hazard to children.”
If there were to be an accident the OC would be held to be liable (to what extent I am not sure). If they warn the owner/occupier allowing it to happen their liability would lessened.
I would find out what bylaws apply to your strata and forward a copy of the relevant bits to the OC. Try a google search on NSW strata Owners Corporation and children on driveways and see what else you can find.