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Decomissioning a pool

Posted: 24 Mar 2019 16:35
by PeterK
Hi Nigel,

we have had discussions through other forums which don´t seem to exist any more.

Our little complex consists of 8 units, four of which are centered around a communal pool. One new owner hasn´t played ball last year and has not contributed to communal expenses.
There is now much frustration and some owners want to decommmission the pool alltogether (also because they have lost interest due to age).
We hate the idea, also because we think decomissioning would have a negative impact on the value of all properties.

Now I wonder: Can such a crucial decision be taken be simple majorty? The "law" does seem to say anything in that respect.

Grateful for a hint
Many thanks in advance

Peter

Re: Decomissioning a pool

Posted: 30 Mar 2019 09:38
by Nigel Howarth
Hi Peter and welcome to the forum

Apologies for the delay, I've only just spotted your post.

What the Management Committee should be doing is taking action against the non-payer to recover the money. But meanwhile everyone else will have to pay more to cover the shortfall.

There is nothing in the law that prevents a pool being decommissioned, but it is a drastic measure.

Regards,

Re: Decomissioning a pool

Posted: 30 Mar 2019 11:05
by PeterK
Thynk you very much for your response,

my question really is, whether such a drastic decision can me made by just a simple majotity of either the MC or the owners. I would have expected that either a qualified majority or unanimity would be needed in such a case when the nature and characteristics of an entire complex are about to be changed....

Peter

Re: Decomissioning a pool

Posted: 30 Mar 2019 19:13
by Nigel Howarth
Hi Peter

The law includes details of voting situations and majorities needed - see Jointly-Owned Building Law.

Regards,

Re: Decomissioning a pool

Posted: 31 Mar 2019 12:05
by PeterK
Many thanks.