› Flat Chat Strata Forum › The Professionals › Who is liable for defective pool fence? › Current Page
There are good grounds to be annoyed with the company who installed it if they didn’t advise that the fence was not appropriate for a pool, but they seem to have themselves covered. The responsibility is with the OC to comply with the law on its common property.
Do you know it will cost $20K? Is it possible that only a gate latch is not compliant, not the whole fence?
Has there been a recent change in the standard for a pool fence? Generally it is not required to bring old structures up to current standard, only maintain them to continue to meet the standard that applied when they were installed. That said, it is hard to justify not bringing a pool fence up to scratch, unless the difference between an old standard and a new one is very minor. Eg. I would not replace every balcony rail if the standard changed to 5cm higher than the old standard.