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WA Strata Title Act - Kids Playing on Common Land?

Discussion in 'Property Law Forum' started by Martinmidland, 15 June 2015.

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  1. Martinmidland

    Martinmidland Member

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    My neighbour and I have a dispute over the interpretation of schedule 2(5) of the Strata Title Act was which reads

    Children playing upon common property in building

    A proprietor, occupier, or other resident of a lot shall not permit any child of whom he has control to play upon common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain upon common property comprising a laundry, car parking area or other area of possible danger or hazard to children.

    He says they can play so long as they are supervised whilst I say they can't play there at all and can only be there so long as they are supervised. Which is the correct interpretation?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I interpret that as meaning that kids can't play in common areas inside the building, regardless of supervision. If it inferred that playing was permitted if supervised, it would read to the effect of:

    Unless accompanied by an adult exercising effective control, a proprietor, occupier, or other resident of a lot shall not permit any child of whom he has control to play upon common property within the building or to be or to remain upon common property comprising a laundry, car parking area or other area of possible danger or hazard to children.

    Anyone else care to comment?
     
  3. Martinmidland

    Martinmidland Member

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    Thanks for that AllForHer...

    Our query lies mainly around the common driveway area where small kids are playing on bikes etc.which to me is ludicrous as they are at risk. Do you believe the same interpretation applies for no playing on the driveway too?...Any view etc is appreciated.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Ah. So, I would argue that a common driveway area isn't within the building, pursuant to the clause. In my view, this would place it under the authority of the second part of the clause - that children not be or remain upon common property unless accompanied by an adult exercising effective control. If they're supervised by an adult who has effective control of them, I would argue they're permitted to be on the driveway.
     

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