Children in Sectional Title
With sectional titled property often being more affordable than conventionally titled property, many newly weds and young couples are buying their first property in a sectional title scheme. You know what that means… kids in sectional title!
Rules
The prescribed rules applicable to all schemes don’t mention children at all but many schemes have amended these rules and have rules that specifically relate to children. If you have bambinos and are thinking of buying into sectional title – check the rules first for any provisions which may not suit your families’ lifestyle.
Common scheme rules relating to children include restricting children from playing in driveways, car parks and other areas such as swimming pools where they may be harmed. Noise restriction rules are also common.
It’s important to note that in terms of the Sectional Titles Act all rules must be reasonable and therefore if you currently live in a scheme where there are unreasonable draconian rules relating to children (or anything else for that matter) – you can challenge their validity and enforceability.
It would be unreasonable to restrict children from living in a sectional title scheme at all, unless the scheme was specifically developed for retirement purposes.
Risks
From the trustees’ and body corporate’s perspective it is imperative that the common property is child safe. Pools should be fenced off and children under a certain age should not be allowed into the pool area without constant adult supervision. In addition, stairways and walkways above ground level should be sufficiently barricaded so as to prevent falls.
Happy kids in sectional title!
Image source: http://www.pharmacymix.com
Thinking Inside the Box 
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Signed offer to purchase for a 1 bed apartment in City to be a pied-à-terre on work days (Mon to Thur) and spend weekends at our home in the country. Intent was to use the 1 bed room for wife and I and accomodate our two children on sleeper couch in lounge. After signing offer, I was supplied with Body Corporate Code of Conduct Rules and found that they limit occupation of 1 bedroom apartment to two adults only. I have immediately sent request for waiver of clause or authorisation by Trustees, but what are my rights if they refuse access to apartment for my children?
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