Topic: Who is liable for defective pool fence? – FLAT CHAT

This topic has 3 replies, 3 voices, and was last updated 9 years, 10 months ago by .

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18/10/2016 at 1:06 pm #10681 Reply | Quote
Rochelle168
Hi guys, I’m new here so thanks in advance.

I live in an estate (106 houses – duplex/terrace/stand alone). In 2010, the owners voted to replace the pool fence to prevent trespassing. This year the local council deemed the fence as non compliant. Referring to the company who initially installed it, the condition of sale stated:

“…. Strata Management was responsible for ensuring: ” All council or regulatory permits required or costs incurred are the responsibility of the Customer“

My question is, who is liable? The Strata Manager? Or the committee /owners who knew nothing about these regulations? Or the company who installed the fence knowing they were installing it around the pool?

More importantly, can someone please advice on the necessary steps to rectify this problem? At the moment we have planned for a meeting with the SM and bringing it to the owners attention. I don’t think the residents are going to be happy knowing that they’ll be paying another $20000 to rectify this problem. The current SM just keeps asking the committee for directions and states that he has no legal team to advise him. Please help.
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Reply To: Reply #25601 in Who is liable for defective pool fence?

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.