#25771
Lady Penelope
Strataguru

    Common property within a scheme is owned by all lot owners as tenants in common.Therefore, all lot owners and occupiers are entitled to reasonable use and enjoyment of common property. 

    If your scheme is using the Model By-Laws they will state:

    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.

    Note : This by-law was previously by-law 18 in Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and by-law 19 in Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986 .

    An owner or occupier must make sure any child under their control does not play on common property areas inside the building. Children must be supervised by an adult when on common property laundries, car parking areas or other areas dangerous to children.

    Please note that this does not stop children from playing unsupervised on common property areas outside the building that are not dangerous (eg. a lawn).

    Generally speaking the public Liability policy for the strata scheme protects the strata scheme when they are found to be legally liable for personal injury including the legal defence in respect of any allegations of negligence. Check with the insurer of your scheme however as some may be different.

    See here for advice from the NSW Office of Fair Trade : https://www.homehunters.com.au/completehome/images/Buying-Into-a-Strata-Scheme.pdf