This article discusses unreasonable strata by-laws children, exploring whether by-laws banning children from riding bikes or scooters on common property are valid and how owners can seek to amend them.
Question: Our body corporate has a by-law restricting children from riding bicycles or skateboards on common property. Is this by-law unreasonable? How can we get it changed?
I have purchased a strata property in the Moreton Bay region. On reading the by-laws, I discovered a by-law specifically relating to:
- Children playing on common property. Lot owner is personally responsible for the conduct of children at all times while playing on common property. This responsibility shall include ensuring said children:
- 2.2 Do not ride skateboards, skates, go-carts, bicycles or similar apparatus at any time.
Is this by-law unreasonable because it specifically targets children and no age range applies? My 12-year-old owns a bike and scooter. According to this by-law, they will not be able to ride either.
When I asked the strata manager about this by-law, I was told it was the developer’s by-law; it was a standard by-law across Queensland; and that it was to protect the body corporate against any claim of liability.
How can I get an unreasonable by-law like this changed? I was informed all motions/agenda items for the AGM had to be submitted by the end of January. I settled the property beginning of April, and AGM is not scheduled yet.
Answer: Very generally, a by-law that outright prohibits something would, in most cases, be invalid.
It is not possible to be definitive and say this is ‘unreasonable’. What I can say is that, very generally, a by-law that outright prohibits something would, in most cases, be invalid. Then you have the practicalities to consider: how would these by-laws get policed? If, for example, it is not your child but a friend of your child’s, then who will identify that? Who measures the noise? Is there a register? And what is a ‘child’ here anyway? It isn’t defined in the by-laws you have sent through.
This leads to your question about how by-laws get changed. They get changed at a general meeting and usually require approximately two-thirds support to get passed. Owners are entitled to put motions to a general meeting. If you do not make the timing cut-off for your AGM, you could look at having an extraordinary general meeting called, which requires the signatures of 25% of owners. So, in other words, if you do not make the AGM cut-off, you will have to start canvassing support from other owners to get the outcomes you want.
This is general information only and is not legal advice.
This post appears in the August 2023 edition of The QLD Strata Magazine.
Chris Irons
Strata Solve
E: chris@stratasolve.com.au
P: 0419 805 898
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