Category Archives: Industry

Strata Swimming Pool Safety 2016

As an enhancement to legislation passed in 2013, the NSW State Government has recently announced additional safety measures designed to protect children from harm around swimming pools.

From April 29 2016 residential tenancy agreements must feature a valid certificate of compliance or a relevant occupation certificate if the owner wants to lease their property.

For owners selling their property, a copy of a valid certificate of compliance, relevant occupation certificate or a valid certificate of non-compliance must be attached to the sales contract. If a certificate of non-compliance is attached, the vendor is in essence transferring the obligation of compliance to the purchaser; who will then have 90 days after settlement to rectify the defects listed.

To obtain a certificate of compliance, the owner must organise an inspection through their local council or an accredited certifier. The certificate of compliance is valid for three years.

Swimming pool & regristration formWhile strata-titled properties with more than two lots are exempt from these new requirements around selling and leasing properties with pools, Owners Corporations are still required to register their swimming pool or spa on the NSW Swimming Pool Register.

The online registration process is relatively straightforward – you’ll need to inspect your pool using a checklist that’s provided. There are various checklists depending on the type of pool. As an example, pools built before September 1 2008 that are not on the waterfront have such requirements as:

  • The pool fence must be at least 1200mm high all the way around measured from the outside of the pool
  • The gap between the bottom of the fence and the ground is no more than 100mm
  • The gate must be self closing and latch by itself from any position
  • The gate must open outwards, away from the pool

The statistics relating to children fatalities around swimming pools provide an important justification for the Government’s action on this issue. According to the Sydney Morning Herald, “In the past 13 years, 83 children under five years of age have drowned in backyard pools in NSW and a further 80 children have suffered neurological damage as a result of being immersed in a pool.”

At Netstrata, we support any legislation that makes a strata scheme’s common property safer for all. Given that many strata schemes in Sydney have a swimming pool; it is only logical that we’d all want to make, what is a potentially hazardous addition to a strata property, as safe as possible.

While strata owners don’t need an official pool inspection when they want to sell or lease their property, Owners Corporations can request an inspection from a council or a private pool certifier at any time as a precautionary measure to ensure that the pool is maintained to all required safety standards. This will ensure that the chance of harm to children who play on the strata common areas is minimised.

If you have any questions regarding swimming pool safety, please contact your Strata Manager at Netstrata.

Legislative Changes Enhance Swimming Pool Safety

The New South Wales State Government recently passed legislation regarding backyard swimming pools, which will affect strata schemes that currently have a pool onsite. In enacting the changes, the Government argued that safety around residential swimming pools is imperative given that drowning is a leading cause of accidental death in young children, especially those under the age of five who lack cognitive skills.

The Swimming Pools Amendment Bill 2012 made several changes to the Swimming Pools Act 1992. By October 29 2013, all pool owners, including Owners Corporations who manage common property pools, will be required to join a pool registry administered by the State Government. Additionally owners will be required to show a current swimming pool compliance certificate to be able to lease a property with a pool and there will also be mandatory inspections of pools by accredited certifiers. There may be a cost to pool owners associated with site inspections.

Property owners who fail to register their swimming pool may be subject to a maximum penalty of $2,200.
At Netstrata, we fully support any legislation that makes a strata scheme’s common property safer for all. Given that many strata schemes in Sydney have a swimming pool; it is only logical that we’d all want to make, what is a potentially hazardous addition to the strata property, as safe as possible. Therefore, while it is now law to comply with these tightened safety measures, we think they’re all also sensible proposals.

There are a number of other options Owners Corporations and pool users can take to minimise harm from pools. Pool users should never leave the gate open to the pool and the gate should be both self closing and self latching. Pool fences should be at least 1.2 metres high and the vertical gaps should be no more than 10 cm apart. Keep all furniture and garden beds a clear distance from the pool fence to eliminate the chance of a toddler using them to climb over the fence.

If you have any questions regarding swimming pool safety, please contact your Strata Manager at Netstrata.

When there is not a Lot in Common

When you buy into a strata building you are, in fact, purchasing a ‘lot.’ Think of your lot as your own, small component of the larger strata plan. Typically, a lot will comprise an apartment or commercial suite and, where applicable, parking spaces and/or an outdoor area of some description.

Everything outside your lot is Common property. From your external walls to the hallway outside your front door to the courtyard and driveway, the Common areas are those that all residents and occupants have equal access to. And when you think of strata services, they typically apply to the Common areas as opposed to individual lots.

In general, owners are solely responsible for the upkeep and maintenance of their own individual lots. In the case of new buildings – where building or appliance warranties are often concerned – strata management companies may deal with individual lot owners, but by and large owners are responsible for their own individual lots. When it comes to dealing with major strata management matters, your Owners Corporation will represent you.

The Owners Corporation is the body that owners are automatically admitted to upon purchasing a lot in a strata plan. Being an owner entitles you to a share in the Owners Corporation and, therefore, a say in everything from determining your preferred provider of strata management services to who gets to use the visitor parking.

The Owners Corporation – or Body Corporate as it is more commonly known – has five key areas of responsibility.

  1. Strata Plan Insurance
  2. Maintenance of the Building and Common property
  3. Financing the Strata Plan
  4. Maintenance of the Strata By-laws
  5. Record keeping

And, therefore, it is perfectly correct that when people think of strata management they tend to think of who it is that provides for the care of the Common areas. The strata manager appoints the cleaners responsible for maintaining your courtyards and hallways. And the strata manager is the one who arranges repairs to Common property. Importantly, the strata manager also arranges insurance for the building. However, owners should note that the strata insurance does not cover their individual lot and that home and contents insurance is highly recommended.

An established provider of strata services in Sydney, Wollongong and Newcastle, Netstrata has been managing strata plans for over 18 years.