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Ok so majority of strata should be getting fences up to compliant standards. My question is who’s duty of care is it to say what is compliant?
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The EC could obtain a copy of the standard and do it themselves. More likely, engage a contractor to install a fence who will state in writing is constructed in accordance with the standard and put that on file.
In NSW the compliance certificate is awarded (or not) after an inspection by a council officer. Any repairs or adjustments have to be inspected and approved.
There is a chronic shortage of qualified inspectors which is why the deadline for compliance has been shifted for the second time to April next year, meaning it will be coming in two years after it was supposed to.
The “duty of care”, or responsibility, as we used to call it, lies solely with the Owners Corporation of which all owners are a part, whether they want to be or not. So it’s not them – it’s US.
If your pool fencing hasn’t been fixed and inspected by this time next year, no one will be able to buy, sell or let a unit in your building. So ask your EC what they are doing about it now.
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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