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Our building manager has just sent out a notice to all residents drawing their attention to the following:
The Executive Committee considers the safety of children very important. A reminder to all residents regarding children playing on common property. A specific By Law requires supervision of children in all common areas including the car park and gardens.
The Strata Schemes Management Act 1996 Schedule 1 by-law 7 states:
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.
Our building has a large outdoor courtyard and garden area and the wording of this by-law seemed to be somewhat ambiguous to me in respect to outdoor common areas that aren’t dangerous.
So I did a bit of research and on the NSW Department of Fair Trading found a document title “Strata Living”
https://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft045.pdf
In that document I found a slightly different version of this same by-law (additional sentence highlighted).
Searching on the web I can find both versions of this by-law in wide use.
The additional sentence is a clarification of the first two sentences. To my mind the omission of the third sentence clarification does not change the meaning of the first two sentences, it merely makes them more ambiguous and open to interpretation.
Does anyone know why both versions of the by-law exist and what the practical effect of removing that third sentence is?
Thanks very much,
Lachlan
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The reason there are multiple versions of this by-law is that the “model” by-laws provided by Fair Trading are there as a guide for new strata schemes, to be adopted automatically only if the new strata scheme fails to agree on its own rules.
Theoretically, every strata scheme should have its own by-laws that are largely the same but differ when it comes to the specific needs of that scheme.
Many new schemes adopt the model by-laws to begin with, then add their own as time goes on. Also, periodically, Fair Trading updates the regulations and changes the model by-laws. Frankly, i am surpoprised you have only found two variations.
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.
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