#28730
bluehouse
Flatchatter

    Yikes! The OC can be responsible if something happens to the children and the insurer can say we didn’t prevent the playing?  I have made repeated efforts to stop a similar situation in our complex but with limited success. Can we still be responsible if parents ignore our requests?

    We have a similar issue of kids on scooters and bikes but we are townhouses so the kids are racing down our very steep driveway to a couple of parking spaces at the bottom. There is a blind corner before the run down the hill and some residents drive too fast around it. Each house’s carport opens directly off the drive. The kids in question are about aged 10 and down (so not necessarily able to assess the risk in a situation).  The issue to us is not the noise, but the danger to the kids.

    I have spoken to the parents on my own behalf to suggest what they are doing is not safe “Its’ really not safe what the kids are doing, we’d hate it if anything happened to them.  (Maybe if you are going to give your kids scooters without brakes, at least get them to them wear shoes!)“.

    Then as Secretary of the EC, I have explained the same “Children playing on Common Property” by-law pointed out by Scotlandx , and pointed out the risks to the children again. (One parent from one family sometimes comes out to watch the kids now).

    Then as Secretary, I started getting complaints and expressions of concern one by one from all the residents without children, or residents with children who aren’t allowed to do this, (or residents whose kids have now left home and were never allowed to do it). While we do have a few owners who make complaints just because a rule has been broken, I do believe that in this case the complaints are genuinely based on concern for the kids, and the anxiety of not wanting to be the one who accidentally hurts them. (People have even changed the way they park  to try and decrease the risk of the kids being hit). So I have passed on to the parents that there have been complaints, and that other residents would like the  parents to stop the kids doing it. Because the only by-law I could find to apply was no. 8 given above, I said that if they are going to let them do it, the kids need to be strictly and closely supervised by a parent at all times. (which it seems is too inconvenient to do).

    Next I have sent out a letter via the Strata Manager, reminding all owners and residents of the by law that children need to be closely supervised and that children playing on the drive is dangerous. I also requested that drivers keep to our speed limit (5km). 

    Most recently, I have spoken to the kids doing it myself directly, in case the message has not been passed on to them. (Oh! the sadness on a 6 year olds face when you tell them they cant ride their scooter on the concrete.)  I went and stood with them until they all responded and got off the drive to make sure they all got the message. 

    The kids have now taken to riding down the sides of the drive, which I suppose is marginally better, but still not safe. I am not sure if they do that all the time or just when I am looking. 

    I really resent having to talk to the kids myself, and having to speak to the parents more than once, as I don’t feel the secretary should have to be the “strata police”. But then I guess this whole website would be only half as big if our owners behaved appropriately out of a sense of responsibility to their communities.

    Since then the matter has arisen at an EC meeting, but only in the context of peoples continued concern. We didn’t really know if we could/should do anything more. 

    Have I/we made reasonable efforts to stop it? Is there a reasonable next step?

    The sad thing is that the newly moved in child who has started the use of the drive in this way, has managed to get many kids out playing together, including kids who have never been outside their houses (or away from their computer games) to play before. It is building up a nice sense of community among the kids that would be terrible to see lost due to this issue. We have a separate playground area, but it would really only entertain younger kids.