This article discusses strata heated pool temperature dispute and how to request changes or use dispute resolution if needed.
Question: We’ve lived comfortably above the heated pool in our apartment complex for years. A recent temperature increase has resulted in uncomfortable sleeping conditions. Can we ask for the pool to be turned back down?
I live above the heated pool in an apartment complex. For 17 years, after some discussions when we first moved in and found the apartment too hot, we have had a constant temperature that although warm, is liveable. Recently, a couple of tenants wanted a warmer pool and the new concierge has turned the pool up several degrees. This has resulted in temperatures of 25 to 26 degrees in our bedroom at night. This is not comfortable. Am I in my right to ask them to turn it down? Should we escalate the matter to VCAT?
Answer: In this instance, it may be argued that the higher temperature is causing a hazard to your health.
One may refer to the Model Rules, “1.1 Health, safety and security of lot owners, occupiers of lots and others. A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot.” In this instance it may be argued that the higher temperature is causing a hazard to your health.
It is also worth noting 6.1 Behaviour of owners, occupiers and invitees on common property An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property. In this instance, it may be argued that the peaceful enjoyment of your lot is affected by the higher temperature and behaviour of tenants.
It is always preferable to resolve these matters by discussion. You may therefore decide to write to the Committee expressing your concerns with the view to a resolution. Alternatively, you may refer to Part 10 of the Act – Dispute resolution – Item 7 in the Model Rules. These clearly define the process for dispute resolution.
In our opinion, VCAT should always be viewed as a last resort once all other avenues have been exhausted.
This post appears in the May 2022 edition of The VIC Strata Magazine.
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