Over the next 10 weeks we’ll be looking at the revisions to NSW’s model by-laws, which come into force on November 30 2016. They won’t automatically affect existing owners, but it’s a great time to consider updating your strata scheme’s by-laws to take advantage of the changes.

This week we looked at the vexed issue of kids on common property; and how changes will make it easier for the children of owners to make use of common property.

The old model by-laws simply stated that kids could not be permitted to play on certain types of common property without parental supervision, e.g. laundries and carparks.

These restrictions remain in the new model by-laws, but they now also include the note that children can play unattended on other areas designated by the owners corporation. This prevents frivolous complaints about children playing on common playgrounds or in game rooms.

The changes seem like a no-brainer, but the issue of children on common property isn’t just about safety. Noise complaints and damage to common property are also concerns, with some owners complaining that children left to their own devices

Model by-law changes such as these correctly move the focus to pre-existing by-laws about noise and damage; rather than seeking to penalise children pre-emptively. Age discrimination is as illegal as any other form of it, with the only exception being that children can still be banned from aged care and retirement villages.

The general direction of law reform in NSW focuses on children’s safety being paramount; pool and window safety requires child safety measures even in buildings without any kids. If your strata plan ignores these requirements it is just as liable if a visiting child is hurt as it would be if it was a resident.

Like any other new model by-law this one won’t apply to existing buildings unless you choose to do so, but issues such as safety and age discrimination will remain regardless. With this in mind, consider looking at this issue when you undertake your mandatory by-law review.

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