#25852
Jimmy-T
Keymaster

    Every scheme has its own by-laws and they are the only ones that are relevant to that scheme, however, for the record, here. below are the relevant model (optional) by-laws for new schemes and the mandatory by-laws for pre-1996 schemes.  In the latter case, these model by-laws apply unless there is a different by-law in place, covering the same topic.

    By-laws for new schemes

    8 Children playing on common property
    (1)Any child for whom an owner or occupier of a lot is responsible may play on any area of the common property that is designated by the owners corporation for that purpose but may only use an area designated for swimming while under adult supervision.
    (2)An owner or occupier of a lot must not permit any child for whom the owner or occupier is responsible, unless accompanied by an adult exercising effective control, to be or remain on common property that is a laundry, car parking area or other area of possible danger or hazard to children.

    By-laws for pre-1996 schemes

    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.

    As to the question, what by-law says a lawn isn’t dangerous, the question really is, ‘who says it is?’ If you want to ban children from playing unsupervised on a lawn then pass a by-law saying that.  There are other by-laws about noise and behaviour that might be more relevant in the circumstances described above.

    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.