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[Anonymous]

Hi jimmy

I live in a townhouse which is in  a nieghbourhood association complex with a swimming pool .recently a Lot owners child has started breaking fences by jumping on them and hanging off them with his friends.

When asked to leave he replies. he is a owner and can do what he wants. My wife who is on the committee told this young man as he is 17 that he has to comply with the rules of pool use, when he and twenty of his friends were at the pool and again jumping on the fence and causing breakage of several of thebolts holding this fence up, which is only to stop people faling in the garden which is the other side of the pool weir. His Mother who could hear the abuse he and his friends were shouting at my wife and other residents came to the pool and said that she knew who my wife was and that my wife is a trouble maker the association manager made a request for a residents meeting at time that suited this lot owner and a week later she still has not replied.

Who if anyone has the right to call the police to have a person like this removed  from communal property and in fact can the police even help.  i am currently away working but i am going to contact a legal proffessional  for formal advice.

Why anyone would believe that this was appropriate behavior as his mother did, i dont know. Thanks in advance to anyonewho can give advice.

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[Jimmy-T]

The by-laws of your Association will state the permitted ages of people allowed in the pool unsupervised.

Vandalism is not allowed under any rules that I know of.

The kid's friends are guests of his parents, effectively, so they are responsible for their actions.

The “I am an owners so I can do what I like” argument is simply not applicable in any strata. “I am an owner and I have to obey the rules or face the possibility of fines” would be more correct.

The association should be issuing Notices To Comply for each of the breaches of by-laws. 

The police might intervene in cases of vandalism and threats or personal abuse but otherwise they would rightly say that there is a mechansim for dealing with this within the strata so it really isn't any of their business.

Date-stamped photographs of the boy and his mates misbehaving might be in order for future action.

Being called a troublemaker is a bit of a badge of honour in strata – hey, that's what people call me.

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[Anonymous]

Thanks for the advice Jimmy.I have been very happy living in our home for 5 years

and yes an issue sometimes arises and is normally easily fixed by a talk,this is why we

are  novices at NTC's and other means of dealing with this problem.the past problems

have been similar to issues that occur between any nieghbours .we had them when we

lived in a house on normal block of land.I think that for the majority of people they just

dont realise a behavior is disturbing other people till they are told. as for our current problem i hope that the  threat of effecting the pocketbook will be able to make the complex a happy place for all the residents to live in as it has been in the past.I have a child the same age as this teenager and 2 more younger as do other residents so we are a happy child friendly community.I have learnt quite a lot from reading the articles and forum posts and if anyone i know ask if i would recommend living in strata or community properties i will direct them hear to see what problems to look out for and for ways to deal with those problems.A great resource

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