New rules for communal pools
Posted: 07 Feb 2015 14:40
Hi, like lots of people we have been sent a letter from our developer saying our communal pool cannot be used unless we obtain a license for it and we need a lifeguard present and they have shut our pool down. The pool is used by 64 units. They also say we can't have the deeds unless the pool is licensed or closed down.
I believe these rules were introduced in 1992 so they aren't exactly new but developers have just ignored them until now. Our pool was made available to us in May 2006 so I asked the developer why they didn't get the necessary license before they allowed it to be used but they said that the rules didn't apply then but I believe they did so we have effectively been breaking the law since 2006 by using the pool without a license.
When we bought our properties we did so on the understanding that there was a communal pool on the complex that we could legally use. Neither the developer nor the solicitor mentioned anything about having to have a license and a lifeguard present.
We have been informed by some pool companies that the lifeguard 'requirement can be satisfied with a sign by the pool saying 'No Lifeguard On Duty. In Emergency Telephone........... (Lifeguards Tel Number). I find this a bit difficult to believe.
Is there any legal way we can avoid the costly problem of having to employ a lifeguard to be present when anyone is using the pool ?
In our situation the lifeguard would be sat there fo 75% of his time looking at an empty pool and as so few owners use the pool I can't imagine we will be able to get a majority vote from the owners to employ one.
Any thoughts advice greatly appreciated.
Thanks
Paul
I believe these rules were introduced in 1992 so they aren't exactly new but developers have just ignored them until now. Our pool was made available to us in May 2006 so I asked the developer why they didn't get the necessary license before they allowed it to be used but they said that the rules didn't apply then but I believe they did so we have effectively been breaking the law since 2006 by using the pool without a license.
When we bought our properties we did so on the understanding that there was a communal pool on the complex that we could legally use. Neither the developer nor the solicitor mentioned anything about having to have a license and a lifeguard present.
We have been informed by some pool companies that the lifeguard 'requirement can be satisfied with a sign by the pool saying 'No Lifeguard On Duty. In Emergency Telephone........... (Lifeguards Tel Number). I find this a bit difficult to believe.
Is there any legal way we can avoid the costly problem of having to employ a lifeguard to be present when anyone is using the pool ?
In our situation the lifeguard would be sat there fo 75% of his time looking at an empty pool and as so few owners use the pool I can't imagine we will be able to get a majority vote from the owners to employ one.
Any thoughts advice greatly appreciated.
Thanks
Paul