I know that some children within our community are running amok at night. They are making excessive noise, swearing and at times even damaging the buildings and garden areas with graffiti.
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Answer by Neha Sharma, Hillsdale 2036 Sydney
- You should first look at your community management statement.
- Usually limitations on noise are specifically listed and all residents are required to comply with these restrictions.
- Section 110 of the Community Land Management Act 1989 (NSW) specifically states that an occupier of a lot ‘must not use or enjoy (or allow it to be used or enjoyed) in a manner or for a purpose that causes a nuisance (by noise or otherwise) or hazard to any other person who is exercising a right to use or enjoy another lot.’
- There may also be time restrictions when noise should not be heard in a habitable room. This means any room other than storage, garage, laundry, toilet or pantry in a neighbour’s residence. Time restrictions are commonly:
- before 8am and after midnight on any Friday, Saturday or the day immediately before a public holiday; and
- before 8am and after 10 pm on any other day.
- In a situation like this it is not advisable to approach the offenders directly. You should never accuse any person of committing a crime without evidence or initiate any confrontation that has the potential to get dangerous. This is especially important if minors (children) are involved.
- You should instead inform the managing agent or the executive committee who may:
- bring up the issue at the next general meeting; or
- issue a general warning to all lot owners in the community regarding the recent occurrence of inappropriate behaviour including a comment on likely police intervention if the behaviour continues.
- Graffiti is a criminal offence. However your managing agent or executive committee may offer incentives to own up as an alternative to police intervention. This may be a better solution to maintain harmony in the community.
- For example the offending children may be given an opportunity to admit their mistakes and as repentance clean up the graffiti from common property. Such tactics often help guide children to the correct path and prevent the creation of a hostile environment.
- Mediation is another alternative that may be considered. It would provide an opportunity to discuss with the children the repercussions of their actions.
- Sometimes the gravity of the situation may require immediate police intervention. You can call 000 and request police intervention if at any time you feel:
- threatened;
- in danger; or
- intimidated by others in the community.