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Topic
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This situation may be a bit left field as it concerns a legal agreement covering maintenance of a strata swimming pool.
A swimming pool sits on a neighbouring strata’s title and we, and another strata, have recreational rights (recreational easement) to use the pool. The three Stratas share the cost of maintenance as per a legal agreement developed when the pool was built stating this, and we share responsibility for supervision and pool management under this agreement.
My question is: if the pool becomes too old and the strata with the pool on their title declares the pool obsolete and wishes to get rid of it, would we need to pay our share of removing the pool and filling the hole? The legal agreement only talks about maintenance and repair, keeping the area in good repair, supervision and rules.
I’d appreciate any thoughts.
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Replies
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Oh dear. Another good idea at the time turns bad.
At the end of the day the lawyers will have to sort this one out.
But a couple of thoughts. Your strata is only liable for anything documented in the recreational easement.
In the future when the pool reaches its use by date you may be up for part of the replacement cost. The recreational easement may assume an ongoing right for you and others to the use of the pool. So someone is going to need to fix/repair/replace the pool at some time in order to provide that amenity to the signatories.
Just hope that it never fails.
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