Question: Can the caretaker of our resort use our swimming pool to run aquafit classes five times a week? These are open to the general public and the caretaker charges $10/person?
Answer: That will depend on the terms of the caretaker’s contract.
Largely, that will depend on the terms of the caretaker’s contract.
It may be that the contract does provide for these services to be delivered in this way. You may want to firstly make an enquiry of the committee – or indeed, the caretaker – to clarify. If not, then you may need to consider taking further action if you want to challenge this situation.
As a general rule, decisions about the use of common property are usually made at a general meeting, so you may want to check minutes or do a search of body corporate records on this issue. Use and enjoyment of common property is typically confined to owners and occupiers, as opposed to ‘visitors’ or ‘invitees’ although I stress it is sometimes very challenging to define these terms. It always depends on the situation.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898