This article discusses children swimming naked in a strata pool and whether strata pool rules or nuisance laws make it a body corporate issue.
Question: Are children allowed to swim naked in the communal swimming pool in our complex?
Answer: If your concerns are on the grounds of ‘decency’ or ‘morality’, then I’m afraid neither of those things are for the body corporate to enforce.
Now I can honestly say, I’ve never been asked that question before…
If you’re asking purely from a body corporate perspective, it comes down to the by-laws for your building and whether they say anything about this situation. I would doubt it, but you never know. Otherwise, there are provisions under body corporate legislation for nuisance and hazard – do you think children swimming naked in the pool would cause either of those things? Then perhaps it might be an issue for the body corporate. You need to be clear what your issue is here. If the children are noisy and causing a nuisance, that’s one thing. If your concerns are on the grounds of ‘decency’ or ‘morality’, then I’m afraid neither of those things are for the body corporate to enforce.
I really think this is not a body corporate issue. Not everything that happens in a body corporate, is for the body corporate to address. If you have concerns, you should direct them to the children’s parents or guardians in the first instance. Be tactful when doing so. After that, you could consider contacting the Department of Child Safety if you really are concerned about the situation. If there is a suggestion that a criminal activity is occurring in relation to the children’s swimming – and I don’t know if you are suggesting that or not – then you would need to contact Police.
This post appears in Strata News #615.
Chris Irons Strata Solve E: chris@stratasolve.com.au P: 0419 805 898