A recent newspaper article concerning a Sydney residential complex where children have been banned from using a swimming pool within that complex, got us interested in taking a look at the extent to which the by-laws of a strata scheme or community scheme can be used to exclude children from using certain shared facilities in that scheme.

In the attached paper we reviewed the following areas concerning children, by-laws and shared facilities:

• Can children be excluded from shared facilities in a strata building or community scheme?
• For what matters can a strata by-law be made?
• Limitations on the matters of which a strata by-law can be made
• Model by-laws restricting children
• The position in NSW, Qld and Vic
• Community Scheme by-laws – A different position?
• Where a by-law is inconsistent with Anti-Discrimination legislation and discriminates against children on the grounds of age – Are these principles applicable to owners corporations?

So, can children be excluded from shared facilities? Children and By-laws in Strata and Community Schemes

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.

Many strata buildings built since the 1990’s contain some form of external cladding as part of their construction.

A significant number of these strata buildings contain cladding that is highly flammable and combustible such as The Lacrosse Building Fire in Melbourne in 2014, and the Grenfell Tower disaster in London in 2017 which now lay bare.

Building owners including owners corporations are now left to deal with what steps to now take to rectify the problem.  A number of buildings, including strata residential buildings of two storeys or more, with certain types of cladding systems, have recently had to register their building under the planning regulation.

In the meantime, whilst we wait for the outcome, what can you do to mitigate and minimise risk? Combustible Cladding By-laws

For NSW strata legal or levy collection advice please contact us here or call 02 9562 1266, we’re happy to assist.