Swimming Pool license

[bshatttock]

Hi Nigel.....In an endeavour to obtain a swimming pool license it seems as though the committee have decided to pay for some owners to take a Lifeguard Course and act as lifeguards when they are at the complex,they are also considering fencing the pool to stop access when the pool is close.All these decisions are being made without actually asking owners if they wish to go down this avenue.They are saying that the costs will be added to communal fees. Firstly can they make such decisions without taking a residents vote and what percentage of owners would be a majority vote 50 or 75% ? Can they pay for these costs from the communal funds ? A fence is obviously an asset to the property value but no full time residents use the pool and if the Lifeguard costs are on the communal Fees We would actually be paying for a Lifeguard service for the renters and bad debtors .Regards

[Nigel Howarth]

Hi Barry

If you wish the Management Committee to discuss lifeguarding the pool, which is a legal requirement, you should call for an Extraordinary General Meeting. According to the law:

"The Management Committee may, whenever it considers expedient, and has the obligation to convene an extraordinary general meeting, following a written application by the owners of at least twenty-five (25%) of the jointly-owned property, as is prescribed by section 8 of the Law and as is shown on Table A Which is attached to these Regulations. If the Management Committee does not convene a meeting within fourteen days from the day the application was submitted to it, the owners of the units who submitted the application may convene the meeting."

Regards

[bshatttock]

Hi Nigel
my question was really whether the committee can "go it alone without consultation or some sort of vote for or against" regarding the pool licence requirements. If so as our committee is just one Man,He has the power to do things as he deems fit and put the costs on the communal fees. Our "committee" has decided to erect a fence around the pool although not a legal requirement and pay for owners to take lifeguard courses and act as lifeguards all from communal funds.I can imagine not all owners will be happy about this as they will be paying for lifeguard service that may not be available when they come on holiday themselves.No full time residents use the pool and none are willing to work as a Lifeguard on the complex,thus the pool will only be "lifeguarded" when a "Holiday Owner" is at the property and has time to "lifeguard" the pool.I can imagine a fence would acceptable for a majority of owners,but surely a Lifeguard is only required by those who wish to use the pool,so only these owners should pay for the service.(Although Pool Cleanind Maintence etc i a necessary expenditure for the upkeep of the complex a Lifeguard is not).Whats you opinion ? bEST
Barry

[Nigel Howarth]

Hi Barry

According to the Cyprus swimming pool regulations:

Cyprus Law N.55(I)/92 paragraph 2 states that the term ‘public swimming pool’ also includes the swimming pools of buildings which are used by the owners of the units or their tenants.

Regulation Number 368/96 paragraph 47 (1) states that all the employees relating to the swimming pool have to obtain a health certificate, to be clean and to behave properly.

Regulation Number 368/96 paragraph 47(2) states that all the trained supervisors will be on duty during the operation and the use of the swimming pool. Their number is determined in accordance with the size of the swimming pool and the number of the persons usually using the swimming pool.

Regulation Number 368/96 paragraph 47 (2)(a)(i) states that for small swimming pools at least one trained supervisor is necessary to be appointed.

Regulation Number 368/96 Part VII paragraph 53 states that a license is needed for the operation of a swimming pool by applying to the relevant authority. The last decision is made by the Minister.

So your Management Committee has a choice. It can either employ a 'trained supervisor' or train someone to act as a supervisor. There's no reason why owners have to be consulted - but it would be better if they were advised of the costs of each option and given a choice.

(Revisions to the swimming pool regulations are currently being discussed - Swimming pool legislation upgrade. This may have change the requirements for trained supervisor. I've received no news on progress.)

Regards,