#28746
scotlandx
Strataguru

    bluehouse – this is not legal advice.

    I think the OC would have to take all reasonable steps to ensure that the residents are aware of the by-laws, and the OC’s position in that regard.  This may include things like sending a very firm letter to residents advising that these activities are a breach of the by-law, and that they are not permitted under any circumstances – that letter could be refreshed a couple of times a year.  You could advise that if any children are found to be playing in that area they will be told to leave.  You may also want to speak to your insurer to ask them what they expect.

    Bear in mind that if something did occur, and someone was injured, if a court held that the OC was not liable, then the insurer wouldn’t be liable either.  That might focus parents’ minds a bit.  It is strange how parents don’t seem to care until something terrible happens, and then it is someone else’s fault.

    A driveway is not a shared multi-purpose space, it is a driveway.