NSW: Children and Noise Complaints in Apartments During Lockdown

QUESTION: Are children allowed to play on the common property driveway? We have a group of families who socialise in the common areas? Is this allowed due to social distancing rules in NSW?

Are children allowed to play on the common property driveway? What happens when children and their friends, either other residents or visitors, are socialising on the common property? From my understanding, social distancing rules would include children playing. Is this allowable given the current climate?

We also have a group of families in our building who are holding social gatherings on common property during the lockdown? Should this be happening?

ANSWER: Children are not allowed to play on common property driveways at any time.

Children are not allowed to play on common property driveways. It is likely that you have the following standard by-law which applies to many 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 another area of possible danger or hazard to children.

Generally speaking, children are not allowed to socialise on common property unless there is a designated area eg bbq area, swimming pool area, rooftop terrace in which case there are usually by-laws governing the consumption of alcohol, overcrowding etc apply as well.

Regarding social gatherings and children playing during this COVID-19 lockdown, during the Prime Minister’s recent announcement National Cabinet agreed to limit both indoor and outdoor gatherings to two persons only. Presumably, this extends to children playing except if they are from the same household.

With adults hold social activities on common property because the common property is owned by the Owners Corporation, such social activities would require the authorisation of the Owners Corporation, especially in light of the insurance implications in case of personal injury etc.

 

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Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.