By-laws might not be family-friendly, expert warns

By Cameron Micallef 28 August 2019 | 1 minute read

A growing number of families are living in apartments with complex strata by-laws leading to potential issues of shared spaces, an industry expert warns.

Grant Mifsud

According to Archers, by-laws in title property could affect children by preventing them from playing in common areas such as driveways or corridors, while communal swimming pool in an apartment might only be used at certain time.

Archers partner Grant Mifsud believes that it’s important for families to understand the by-laws so they can adapt their behaviour accordingly.

“If children were caught misbehaving in the pool area, for instance, the body corporate could take action to enforce appropriate use in line with the by-laws, but a blanket ban could be disputed as a violation of the residents’ private property rights,” Mr Mifsud said.

The industry expert warned that everyone that lives in the property must adhere to the same standards of rules regardless of age.


“Everyone living within a strata title property is bound by the by-laws, and it’s important to know your rights and responsibilities by reading the by-laws when purchasing or leasing a property in a strata scheme,” said Mr Mifsud.

Mr Mifsud also warned tenants to understand the rules to ensure they are not discriminated against, following an inner-city Sydney apartment banning children under the age of 16 from entering the pool or gymnasium.

While by-laws are created for the good of the community, owners and occupants have rights to access common property, provided they abide by the rules in place.

“By-laws are intended to maintain harmony within the strata community by enabling the body corporate committee to deal with complaints about excessive noise, pets, parking issues, passive smoking and other issues that can arise from people living close to their neighbours,” Mr Mifsud said.



Real estate

Real estate is a type of real property that refers to any land and its permanent improvement or structures that come with it, whether natural or man-made.

By-laws might not be family-friendly, expert warns
Grant Mifsud
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