Unauthorized Pool Use

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Steve Ferry
Posts: 7
Joined: 18 Aug 2020 15:30

Unauthorized Pool Use

Post by Steve Ferry »

I live on a complex of about 70 apartments. We have a pool and gardens which are maintained by the developer. There are signs up saying that the pool is for residents only but people from over the street, both adults and children, take no notice and come in on an almost daily basis. If we say anything, we get a mouthful of abuse and are told 'we have permission to use the pool, we have a letter' and 'we pay the developed to be able to use the pool' etc. but are never shown any proof. Their houses were there before the complex and they say this was granted as an appeasement during construction work but as I said we only have their word for it.

In our opinion, the fact that the water needs topping up when they splash it about so much and the chemicals need adding more regularly is tantamount to theft - okay, its only a very small amount but there are residents who come home from a day at work who would like to have a relaxing swim but cant because of rowdy kids - yes, its nice and quiet before 16:00 or so but people are still at work.

What can we do. Is this a legal matter? Can we call the police (I'm sure they have better things to do). How can we stop them?

Please somebody, give us some answers. Thank you.
Pantheman
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Location: Famagusta District
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Re: Unauthorized Pool Use

Post by Pantheman »

In the first instance, call the police and say they are trespassing and causing a nuisance. If they have any sort of evidence to back their claim then they can show it to the police. If they have then take it up with the developer.

Jointly own property is owned by those that have bought there and no one else, the developer cannot give permission to others because he pleases so.

Do you have title deeds by any chance??
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Steve Ferry
Posts: 7
Joined: 18 Aug 2020 15:30

Re: Unauthorized Pool Use

Post by Steve Ferry »

Hello Pantheman, thanks for your reply.

We shall try ringing the police in future.

Actually we don’t have our title deeds although a number of properties have had them issued, Alpha bank took out an injunction to stop the LRO issuing ours 3 years ago but that is another problem.

On occasions, one of the guys from over the street sits and chats with his ‘friend’ who lives on the complex. I apostrophize friend as I think it’s simply a convenient excuse for coming in. I have no objections to residents having friends round using the pool occasionally, but it has to be within acceptable limits, not almost daily and not to the detriment of other residents. What if the police do come and he says it’s okay because his friend let’s him? To be honest, this particular resident was complaining about kids who actually lived here being rowdy which just makes him a hypocrite as far as I’m concerned when there are nine kids in the pool, only one of whom lives here, and he doesn’t say a word. I don’t suppose the resident actually says “come over and use our pool” in a formal invitation but by not deterring them, he is inferring permission.

I’d appreciate your thought on this. Thanks.
Pantheman
Posts: 612
Joined: 26 Jan 2008 14:44
Location: Famagusta District
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Re: Unauthorized Pool Use

Post by Pantheman »

Do you have a management committee?? IF not you should, I am guessing the pool is not gated in anyway??

If you had family or friends staying over then I don't see the problem of them using the pool, but to have complete strangers is another matter. I also don't think that any resident has the right to invite every tom, dick, or harry over. Someone is paying for that pool and its not them!

For the culprits to say they were invited is not a valid reason, as a communal pool it is for the residents (your contract would say as much). You should start kicking up a fuss with the developer if he is managing the site, perhaps stop paying your communals for a spell to get him on board.

But the police is a good start.

Good luck.
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FSB Properties Ltd
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Nigel Howarth
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Re: Unauthorized Pool Use

Post by Nigel Howarth »

Hi Steve

Although you do not have your Title Deeds, you can set up a Management Committee and take control away from the developer. Swimming pools on a complex are for the use of owners, their guests and residents - not for the general public.

But you should read through your contract of sale because some I have seen state purchasers must use the developer (or one of his companies) to manage their complex.

In the meantime, as well as bending your developer's ear, find a joke shop and buy some plastic dog turds and throw them in the pool. That should deter casual users.

Regards,
Nigel Howarth
Independent information & advice for Cyprus property buyers
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Steve Ferry
Posts: 7
Joined: 18 Aug 2020 15:30

Re: Unauthorized Pool Use

Post by Steve Ferry »

Well that went well ... NOT

So according to the police who came out today, it’s not a police matter, it’s a municipality matter - so why did they bother sending two policemen out in the first place?

No further forward and lots of loooseer comments from the kids in the pool!
emgee
Posts: 44
Joined: 12 May 2008 21:32

Re: Unauthorized Pool Use

Post by emgee »

Tresspass is a civil offence.

Alan
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