communal pool closing

[daisyanne]

Hello,

Our Management Committee want to close our communal pool due to it needing repair and to keep it open would apparently cost too much for chemicals, pool visits etc.

In the past, Committee has taken many owners to court to get maintenance fees owed but this is a long and costly business. Consequently there is hardly any money in the pot to pay bills, yet alone pay for an expensive repair. Many of these owners do not want a pool because they don’t want to pay any more in fees.

What is the legal standing here? Can the owners be forced to pay a charge or can they just vote to keep it closed? This, of course, will drastically reduce the value of my property as who wants to buy/rent an apartment with an empty swimming pool!

Thank you.

[Nigel Howarth]

Hello daisyanne and welcome to the forum.

Unfortunately, many Management Committees have been forced to close communal swimming pools due to the high cost of running them - and in particular the cost involved in paying for a lifeguard (a legal requirement.)

When they buy property in a complex, many fail to carry out any investigation and are unaware of the the costs involved in maintaining, repairing, and repairing the common facilities.

Swimming pools are a particular problem as they are treated the same as public swimming pools:

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.

I would argue - who would want to buy an apartment with a swimming pool and be subject to the ridiculously high cost of complying with the law (or face legal action.)

Owners can vote to keep a pool closed.

Regards,

[daisyanne]

Thanks for the info Nigel.

[Twohoursahead]

Hi Nigel

Our management committee have put up signs that the pool is closed due to government legislation.

The pool however is still in a usable condition so some residents are ignoring this.

I have a question:

Are these notices sufficient to satisfy the current regulations or does the pool have to be physically closed i.e. access shut off totally or pool drained and covered etc?

Many thanks

[Nigel Howarth]

Are notices sufficient to satisfy the current regulations or does the pool have to be physically closed i.e. access shut off totally or pool drained and covered etc?

As far as I am aware, notices are sufficient, but it would be helpful to cover the pool. (If you drain the pool, it's likely that it will deteriorate through as the lack of water pressure may cause the sides to buckle.)

Regards,