Re: Who is liable for defective pool fence?

Thank you for all your replies.

The non compliance issue is the vertical bars. It is fixed at 11-12cm apart. Non compliant with 10cm, as stated in the regulations. When the company who installed the fencing was notified of the issue, they also quoted approximately $20000 to make alterations. The fencing costed the community just as much to install. There is no issue with a child being able to go over or under, and the fence is clear within 90cm radius of any climbable things.

Peter C, do we really need to replace the fence? 

The current executive committee is currently looking into alternatives to keep the price down. Grills have been suggested but it takes away from street appeal and lack of visibility is a safety concern. Perspect/Glass has also been suggested but it was said that it gets too hot and doesn’t allow enough airflow. Again, if we were to put in Perspect/glass, we might as well replace the fence to maintain street appeal.

Jimmy T, your comment noted. I honestly don’t know how properties were sold. There has been nil changes to the fence since installation (2010).

Going back to who is liable. The previous EC may have not known about the regulations. And, yes – it was their responsibility to ensure that the fence complied. I understand that. But then again, shouldn’t the SM have flagged this? From the past to the future, in general, EC members are usually made up of people who do not have the expertise in these matters. Contracts and financial statements are so hard to read let alone understand. In the defense of the past EC, how can they make an informed decision if they weren’t fully informed? Isn’t this the role of the SM – to guide and explain? In addition, with a work order of over $20000, should the SM have organised some engineering consultation? The current secretary is rummaging through past invoices and all communications looking for any documentation that depicts this. None have been found so far.

I apologise for all my questions. I am new to all this and I know that I am not aware of all things that run with strata management. Once again, thank you in advance for all the help you can give.