Forum: Owner uses pool despite having moved out


There are times when what’s right and what’s legal seem to be in direct conflict – and strata is one of those areas of life replete with these tricky, quirky little conundrums.

A perfect example has been provided by one of our Flatchatters. He is lucky enough to have a swimming pool in his block.  He was unfortunate enough to have neighbours who invited large groups of non-resident friends over for pool parties.

The solution was simple – restrict access to the pool to residents and their immediate families.  Bingo! Calm is restored.

But then a former member of his block’s committee buys somewhere else and leases his apartment, but insists on still being allowed to come back and use the pool when he feels like it.

The current committee say the by-law says “residents only” and since he lives elsewhere he is not a resident.  The double-dipper (pun intended) says he has rights as an owner that supersede the by-law.

So who’s right and who’s wrong.  The non-resident owner may be both.  Wrong to want to keep using a facility he has rented out to someone else and possibly right that he can’t be kept out of common property in which he owns a share.

And then there’s the whole other question of how far should you go to establish a point of principle? After all it’s just one more body in the pool.

You can read all about it and have your say HERE?

Elsewhere on the Forum

  • Are our strata management fees over the top?  That’s HERE.
  • Do responsibilities for fixing common property expire if they are ignored for several years? That’s HERE.
  • Should you have by-laws that send a message but might be unenforceable?  That’s HERE.
  • Can we issue work orders when we have agreed on a special levy but haven’t collected the cash yet?  That’s HERE.
  • Are there ever situations when the costs of something that benefits everyone equally can be shared evenly rather than apportioned according to unit entitlements? That’s HERE.
  • Tier 2 blocks in Victoria (51-100 units) are no longer legally required to have strata managers.  But should we have one anyway.  That’s HERE.

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  • #61855

      There are times when what’s right and what’s legal seem to be in direct conflict – and strata is one of those areas of life replete with these tricky,
      [See the full post at: Forum: Owner uses pool despite having moved out]

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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