Download Swimming Pool Closure During Covid here
12, August 2020
1-9 Sylvan Avenue
BALGOWLAH NSW 2093
SWIMMING POOL CLOSURE DURING COVID
Dear Sir or Madam,
RE: STRATA PLAN 81718 | THE VILLAGE | 1-9 SYLVAN AVENUE, BALGOWLAH
As the Managing Agent of the above-mentioned Strata Scheme, we write on behalf of the Strata Committee regarding the swimming pool closure during this Covid-19 pandemic.
There has been a small number of residents demanding the re-opening of the swimming pool. As such, the Strata Committee is taking this opportunity to write to owners to advise them of the rationale for the facility remaining closed.
As owners are aware, the Owners Corporation has a duty of care for the well-being of residents and visitors of The Village (when on common property and utilising common property facilities). This duty extends to protecting residents from falling ill (or worse) from the virus (to the best of the Owners Corporation ability) and limiting the Owners Corporation’s liability and potential claim in damages, as a result of the facilities not remaining closed.
Grace Lawyers (specialist Strata Lawyers) have advised in an online publication, that if an Owners Corporation reopens a pool and an occupant, family member or guest falls ill (or worse) from the virus, the Owners Corporation could potentially face a negligence claim against them. Insurance policies may not indemnify the Owners Corporation in this situation, resulting in owners being liable for potentially quite large special levies to pay any damages claim awarded against the Owners Corporation.
The Owners Corporation also needs to overcome the hurdle of complying with physical distancing and hygiene measures so as to ensure safe operation of the pool and facilities. Unfortunately, the Owners Corporation does not currently have the resources to ensure the facilities operate safely and comply with physical distancing and hygiene. The Owners Corporation would need to employ additional personnel to ensure these measures are complied with. The employment of additional personnel would incur further costs which are not currently accounted for within the Owners Corporation budget.
The Owners Corporation understand that this is a very difficult and stressful time and appreciate your understanding and co-operation in keeping The Village a safe and harmonious place for all stakeholders.
The Owners Corporation will keep reviewing the situation as summer approaches and as the Government policies and guidelines change.
WHELAN PROPERTY GROUP PTY LTD
ANDREW UCCHINO Licensed Strata Manager