Question: Are children excluded or exempted from breaching any provisions in the Strata Schemes Management legislation or any By-Law Clauses of the Strata Plan?
Answer: Occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property.
In our view it is not that they are excluded or exempted, it is that the owners/occupiers of the lot are responsible to ensure no noise may interfere with someone else’s use of their lot or common property.
Children cannot use the common property driveway as recreational grounds. The by-laws typically state that 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 areas of possible danger or hazard to children.
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.