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We have an outdoor swimming pool on our property, shared by 45 units. The majority of tenants use it considerately. Unfortunately we have a minority of residents whose behaviour in the pool area is impacting on other residents' peaceful enjoyment of the property.
A certain amount of noise is expected in the pool area. However we have had the same group of families (often 1 supervising adult with up to 10 kids) spent anywhere from 3 to 7 hours straight in the pool, with a large amount of screaming, yelling, arguing and other very noisy behaviours!
I have asked the supervising adults to supervise the children properly by keeping their noise down, making sure they don't impact on others trying to swim, and making sure they don't allow the kids to toilet in the garden or pool. Unfortunately these adults do not properly manage the bad behaviour – I have even been told by one that their children don't listen to them, and so they can't get them to keep the noise down.
I have complained formally to the executive committee and they are keen to help, but we it is difficult to set noise or time limits on the area as there is no one available to consistently police it. I am also reluctant to film the behaviour as it involves young children in a swimming pool. Has anyone else had a similar experience, and how have they dealt with it?
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Hi building bulldog, My feeling is you pretty much got a
basic bylaw if that is in place in your building nailed in your first paragraph, 'impacting on other residents peaceful enjoyment of their property'.Make your complaint in writing to the Strata Manager, copy the EC in if you have their email addresses, you have a right to the peaceful enjoyment of your property and any strata manager worth their salt will pursue this for you, hopefully a more informed person will give you some more concrete advice.
Good Luck.
CBF
I can't help wondering if there isn't also a health and safety/insurance issue with one adult supervising 10 kids (especially when they admit they can't control them).
The kids must obviously be using the pool as a toilet – otherwise who's looking after them when their minder takes the littlies to the bathroom
What you need is a set of guidlines for the use of the pool backed up by a by-law. If I were drawing up the rules I'd say four kids max per supervising adult and no non-residents (excepting overnight guests of residents).
And maybe I'm being cynical, but it strikes me that the same people who cry “nanny state” when you issue rules like this are often the first to claim damges for negligence when there's a serious accident (NB: this is backed be zero scientific research or evidence).
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.
Many thanks for your prompt responses!
One of my major concerns about the situation at our property is the potential for accident and injury, especially to the kids. A lesser concern is that other residents have been avoiding using the pool because of noise, crowding and hygiene concerns.
Since my original post I have contacted the Strata Manager (with the support of the EC Chair) and they have suggested some formal notices to comply be issued. In the first instance the Executive Committee have agreed to visit the individuals concerned to speak with them in person, as a notice to comply may not be needed if the message is coming from someone in authority (as opposed to me
).Hopefully this should lead to a reduction in anti-social behaviour in the pool … fingers-crossed!
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