Swimming pool legislation

[Eileen]

We have an apartment in a small complex in pathos, we have been formed that in order to keep the swimming pool we will have to have a life guard on duty at all times.Can anyone update us on this matter or are indeed in the same position as us.

[Dominic]

Hello Eileen, and welcome to the forum.

Who informed you of this legislation?

You may find this thread useful. There will be people here in a similar situation to you as well.

viewtopic.php?t=723

[Dominic]

How does it relate to hotels? I don't think I have ever stayed in a hotel in Cyprus that had a life guard.

[darrow]

This is not new! They were advised many years ago to separate the communal pools from hotel/public pools! They are lumped together and designated as public, even a semi with a shared pool doesn't escape! As you say, they seem to turn a blind eye in most municipalities, they certainly do with the hotels! They do have lifeguards but they are not on duty"at all times"!
The only thing I could suggest is all you people affected, those who have been forced to close their pools, get together and apply to the European court of human rights while we are still in the EU, on grounds that is infringing on your use and enjoyment of your property. They won't make any effort to change the law until someone wins a case against them. I could be wrong but I believe you can apply online and it is free. You need to get together to make a statement! I used to have an interest because I lived on a complex, we had a visit a few times but nothing happened. We put up a notice at the entrance saying the complex and it's amenities were not open to the public. Good luck! No one can afford a full time life guard. Silly law!

[trevnhil]

I wonder if a blind eye would be turned to the regulations if a mishap occurred... Or would you be held to account in a court of law ?

[Uncle D]

I wonder if a blind eye would be turned to the regulations if a mishap occurred... Or would you be held to account in a court of law ?

I think that would make them act on that particular complex. The builder and/or the committee are liable for anything that may go wrong.
Communal pools need to be licenced every year, this includes the health department, a department that checks the electrics and mechanical parts of the pool and the pool cleaner need to be licenced/registered also. One requirement is that foot baths need to be in place.
I doubt that many complexes have these licences and because the law isn't really enforced, they get away with it.

[Eileen]

Hi all thank you for all your replies.
We are in the Tomb of the King area, there are 18 apartments and it was the maintenance manager who was also the developer who came to see us. He explained that we would have to close pool as we didn’t have life guard.

[Uncle D]

Do most owners on your complex have their title deeds?

[Lazydaze52]

I believe One of the hotels in Limassol part filled in their pool so the deepest part was no more than about 5ft and therefore legally allowed them to operate without a lifeguard. That’s just what I’ve been told, but remembering back to when we holidayed here in hotels they never had a lifeguard on but neither were the pools very deep; also there are two large communal pools near us neither of which are more than 5ft deep and don’t have lifeguards, so maybe that’s the way around this, assuming the OPs pool is not too deep?

[Eileen]

Yes as far as I am aware most people will have their title deeds, we have had our about ten years. The developer owns 7 of the apartments six are rented long term and he lives in the other. There is also 2 apartments rented long term by private owners.

[Uncle D]

Yes as far as I am aware most people will have their title deeds, we have had our about ten years. The developer owns 7 of the apartments six are rented long term and he lives in the other. There is also 2 apartments rented long term by private owners.

If the other 11 owners are in agreement then you could sack the current manager and form your own committee, however I expect that would be difficult as he lives there, he may create problems.
If he shuts the pool how would his long term renters feel, they may move to another rental that has a pool, he would find it hard to replace them without one. I think that he would be shooting himself in the foot, so may be bluffing.
Are you happy with the fees, I bet he doesn't pay and puts it on the fees of everyone else, also he may be overcharging you all, do you see the costings of running the communal areas. Fees should be based on size of M2 for each unit.
If he does close it down then your fees should be cut also.
Good luck

[josef k]

The government recognise this legislation is out of date and needs modernising. In my 16 years as an owner here I'm not aware of anyone who has been prosecuted for not having a lifeguard at their pool. Has anyone else?

[mike strand2]

The European Regulations are sensible ones, but as yet whilst Cyprus has ratified them, they have not changed the laws. Until they do, and I'm not quite sure what it will take for them to make a change! Even two children dying in Cyprus pools this year probably will go unheeded by the authorities!

The complex of which I am chairman voted last year not to install safety fencing around the pool perimeter. In France this would not have been an option for owners; failure to do so can result in a 40,000 Euro fine. I sincerely hope that no-one is unfortunate to have a serious accident or a fatality, when a safety fence may have prevented it?

[Eileen]

Thank you all ones again for your replies.
We do have a fence around our pool and each apartment has a key to access the pool.

On another subject thank you Dominic we had a lovely day out yesterday, we downloaded your road trip, and finished of with a meal at The Olive Tree lovely way to finish our day!

[J B]

We do have a fence around our pool and each apartment has a key to access the pool.

In that case, isn't it a 'private' pool not public?

[mike strand2]

The reduction in pool depth is all a nonsense! Why do you think local authorities in the UK did away with paddling pools and either filled them with sand or plants? Because children can (& did) die in a foot of water!

[Dominic]

Thank you all ones again for your replies.
We do have a fence around our pool and each apartment has a key to access the pool.

On another subject thank you Dominic we had a lovely day out yesterday, we downloaded your road trip, and finished of with a meal at The Olive Tree lovely way to finish our day!

I'm glad you enjoyed it, and the Olive Tree. Did any of you have a pork chop?

If it isn't too much trouble, I don't suppose you could post a review for it on Amazon? That sort of thing can really help an ebooks' standing on Amazon. It doesn't have to be huge. Just something like you did on your post here, without referencing your pool obviously.

Honestly though, I am just chuffed you liked it.

And if anybody doesn't know what Eileen is talking about, she means this:

https://amzn.to/2yPPvKk

[Lazydaze52]

Just repeating what I was told Mike. I know the hotel in question and it used to have a deep end and a lifeguard, now has neither. Also all the complexes around us have no lifeguards. My point was maybe the rule depends on the depth of pool? However if HIC knows of several pools which have been closed I’d say he’s right, as he’s in the pool industry.