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Hi there,
I’m in Sydney and live in a 20+ villa complex. An EC member and his tenant neighbour both actively encourage their young children to play on our busy driveways. They ride their bikes, skateboards, scooters up and down our various driveways. They play hide and seek behind all the illegally parked cars and play ball games with other children that come to visit up and down the driveways. I have told the EC member this is dangerous and in breach of our by-laws. The response was this is not a retirement village and the children will continue to play outdoors. Our by-law clearly states children must not remain on common property that is a hazard or risk, as the driveway certainly is.
I have emailed out strata manager my concerns and he has asked for evidence. Am I allowed to take photos of the children on our driveways and as I have already been abused by the EC member can I remain anonymous?
While I’m relatively new here it is obvious this breach and many other including illegally parked cars have been ongoing with no one caring. I doubt the remaining EC will do anything even though they are all aware of the children playing on our driveways by the noise alone.
Also are there any liability issues around the OC ignoring children playing on our driveways that I can use to strengthen my case?
Thank you for your consideration.
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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.
Hi Dan, sorry, some questions I didn’t respond to:
“Am I allowed to take photos of the children on our driveways …?”. As it is common property my view is you should be! If need be use a photo editor to hide the children’s faces. Usually even without faces, clothing and other features are enough for those who know them to know who the pictures are of.
If it was me I would just say you were taking pictures of the illegally parked cars. Or have something in the photo that you wanted to take a picture of.
“Can you remain anonymous?” Of course but it lessens the need for the EC to do anything and also the likelihood they will.
I don’t see a practical solution to your problem without it getting VERY messy and emotional.
I think you need a sign on the driveway warning drivers to proceed at walking pace as there might be children playing and pedestrians using the driveway. Good to hear that the kids are out doing healthy things in the fresh air rather than inside with their ‘devices’.
Default bylaw 7 sounds draconian. When we, in the ACT, had a lawyer review our rules, she suggested something along those lines. The EC did not propose it since we encourage kids to enjoy our common property.
The OC did adopt a rule requiring drivers to take care and to allow the OC to post a speed limit.
Seriously, “in a 20+ villa complex … children … play on our busy driveways”, how busy can they be? Sounds more like a quiet cul-de-sac to me with only 20 or so units.
I would think that the driver might be found liable and/or the parent of a too-young-to-be-unsupervised child. If the OC were found liable, rather than either the driver or parent, then that is what you have liability insurance for.
Perhaps some further traffic calming devices are required. These need not be speed humps. They could be obstacles that provide pinch points that force vehicles to slow and take turns to pass through.
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