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Strata have decided to lock our pool at 5.30pm I feel this is against my basic human rights to be able to make decisions for myself. The pool is common property and is paid for in our strata fees so I own my portion and should be able to access it whenever I wish. They can give me helpful advise on use but cannot restrict me in my own decision making. Western Australia
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First things first, who do you mean by “strata”? The strata manager, the strata committee or the building manager?
Either way, if you are an owner you can petition the committee (with the support of other swimmers) to alter the opening hours.
If you are a tenant, you can ask the landlord to do the same, or reduce your rent due to the loss of amenity.
If this has happened because some residents have complained about noise from the pool, there must be better ways of dealing with this than shutting the facility completely.
As a last resort, you could threaten to take the strata scheme to court or a tribunal for unreasonable removal of an essential facility which was part of the reason you bought into or rented in the scheme in the first place.
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.
They can give me helpful advise on use but cannot restrict me in my own decision making.
On that point, the strata committee can make reasonable rules about the behaviour of residents, including how and when they use facilities. You don’t have the freedom to do exactly as you please and this is a principle that we all accept when we move into strata. But the key word is “reasonable” and I think it’s hard to argue that it’s reasonable to lock a swimming pool at 5.30 pm.
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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