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This situation may be a bit left field as it concerns a legal agreement covering maintenance of a strata swimming pool.
A swimming pool sits on a neighbouring strata’s title and we, and another strata, have recreational rights (recreational easement) to use the pool. The three Stratas share the cost of maintenance as per a legal agreement developed when the pool was built stating this, and we share responsibility for supervision and pool management under this agreement.
My question is: if the pool becomes too old and the strata with the pool on their title declares the pool obsolete and wishes to get rid of it, would we need to pay our share of removing the pool and filling the hole? The legal agreement only talks about maintenance and repair, keeping the area in good repair, supervision and rules.
I’d appreciate any thoughts.
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