Removing a pool in a strata scheme is fundamentally different from removing one from a private residence. The pool belongs to the owners corporation (body corporate), not to any individual lot owner. The decision to remove it must go through strata governance processes, and depending on the scheme’s bylaws and the nature of the work, you may need a special resolution passed at a general meeting, a special levy raised, and potentially a development application. This guide explains the process for strata complexes in Newcastle and Lake Macquarie.
If you’re a lot owner wanting to advocate for pool removal, a strata committee member tasked with managing the process, or a strata manager seeking to understand the steps, this is the practical guide you need.
Who Owns the Pool in a Strata Scheme?
In most strata schemes, the pool forms part of the common property, meaning it’s owned collectively by all lot owners through the owners corporation. No individual lot owner can unilaterally decide to remove it. The decision belongs to the owners corporation as a whole.
There are some exceptions, notably in older community title or company title schemes, or where a pool was built as part of a specific lot and is not common property. In those cases, review the strata plan and schedule of lot entitlements to confirm what the pool’s status is.
For standard strata schemes governed by the Strata Schemes Management Act 2015 (NSW), the pool is almost certainly common property, and the process below applies.
What Type of Resolution Is Required?
Whether pool removal requires an ordinary resolution (simple majority), a special resolution (75% in favour), or a unanimous resolution depends on the nature of the work:
| Decision Type | Threshold | When It Applies to Pool Removal |
|---|---|---|
| Ordinary resolution | Simple majority of those voting | Routine maintenance or minor work, not typically sufficient for full removal |
| Special resolution | 75% in favour, with less than 25% opposing | Improvements to common property, changes that alter the appearance of the scheme |
| Unanimous resolution | All lot owners agree | Disposition or destruction of common property assets in some circumstances |
Under the 2015 Act, removing a pool, which constitutes a significant alteration or disposal of common property, generally requires a special resolution. In some schemes with particularly restrictive bylaws, a unanimous resolution may be needed. Always get legal advice specific to the strata plan before proceeding.
Note that “special resolution” has a specific meaning under the NSW Strata Schemes Management Act: 75% of votes cast must be in favour, AND no more than 25% of lot entitlements can be cast against. It’s more nuanced than a simple 75% headcount vote.
Reasons Strata Complexes Remove Pools
In Newcastle and Lake Macquarie strata complexes, from high-rises in Newcastle CBD to garden apartment complexes in Charlestown, Cardiff, Glendale, and Warners Bay, pools are being removed for several common reasons:
- Age and deterioration: Pool shells built in the 1970s and 1980s are often 40-50 years old and require major structural repairs or full replacement
- High maintenance cost: Pool maintenance levies create ongoing financial burden for lot owners who don’t use the pool
- Safety compliance: Older pools may have non-compliant barriers, depth markings, or surface conditions requiring expensive upgrades
- Low usage: In many complexes, the pool is used by a small minority of residents while all lot owners share the cost
- Insurance issues: Some insurers have raised premiums or imposed conditions on older non-compliant pools
- Liability concerns: Committees concerned about drowning incidents and public liability
These reasons are often combined in a proposal to owners, making the case for removal by documenting the cost of remediation versus removal and showing usage data where available.
The Strata Decision-Making Process
A typical strata pool removal process in NSW looks like this:
1. Initial investigation (2-4 weeks) The strata committee commissions a structural assessment of the pool (by a licensed engineer or pool inspector) and a comparative cost analysis, repair/upgrade versus full removal. This gives owners factual information rather than opinions.
2. Contractor quotes (2-4 weeks) Obtain at least two written quotes for pool removal from licensed contractors. Specify clearly that the project is a strata complex, as this affects access, working hours, and noise management. For strata complexes in inner Newcastle suburbs, contractors will need to factor in tight site access.
3. Committee recommendation (1 committee meeting) The strata committee reviews the evidence and forms a recommendation to put to owners. The recommendation, with supporting documentation, goes into the notice for the general meeting.
4. General meeting with advance notice (typically 7-14 days’ notice minimum) Under the Act, a general meeting must be called with proper notice. The agenda item must clearly state that a special resolution for pool removal will be voted on. Proxy forms should be provided so absent owners can vote.
5. Vote The special resolution is put to a vote. Both in-person and proxy votes count. The 75% threshold applies.
6. If approved: levy and DA (if required) A special levy is struck to fund the removal. For a complex with 20 lots, a $40,000 removal might mean a $2,000 special levy per lot. Development application may be required from Newcastle City Council or Lake Macquarie City Council, check with council’s planning team.
7. Contractor engaged, work proceeds The strata manager or committee engages the contractor. Work must be coordinated to minimise disruption to residents, establish communication protocols about working hours, noise, and site access.
8. Site restoration and common property update After pool removal, the common property is typically landscaped or paved. The strata plan may need to be updated if the pool area is being redesignated (though this is a more complex process requiring a plan amendment).
Financing Pool Removal: Special Levies
Pool removal is a capital expenditure, it comes from either the capital works fund (formerly the sinking fund) or a special levy raised specifically for the project.
If the capital works fund has sufficient reserves, the committee can approve the expenditure without a special levy, depending on the fund’s purpose as defined in the 10-year capital works plan. If the capital works plan doesn’t include pool removal, a plan update and a special resolution may be needed just to authorise the expenditure from that fund.
A special levy requires a general meeting resolution (ordinary resolution is typically sufficient for levying, even if the underlying work requires a special resolution). Levies are apportioned according to lot entitlements, lot owners with higher entitlements contribute proportionally more.
Impact on Individual Lot Owners
Individual lot owners in a strata complex do not have a veto right over special resolutions (which only requires 75%), but they can vote against and their votes are counted proportionally. If a lot owner believes the decision was not properly made, for example, due to inadequate notice, an improperly conducted vote, or a failure to disclose material information, they can apply to NCAT (NSW Civil and Administrative Tribunal) for a review.
A lot owner who uses the pool frequently and objects to its removal on the basis that they purchased their unit specifically because of the pool may have grounds to argue the removal fundamentally changes the character of the scheme. This is an area where legal advice is essential, both for the committee proposing removal and for owners objecting to it.
Development Application Requirements
Whether DA approval is required for pool removal from a strata complex depends on:
- Whether the pool is in a heritage conservation area
- Whether the removal involves significant excavation or earthworks
- The specific council’s assessment of the work’s character
Most standard pool removals from strata complexes are exempt development in NSW. However, in Newcastle City Council areas with heritage or character precincts, or where the pool is integral to the building’s original design, a DA may be required. Check with your council’s planning team early in the process.
Deregistration and Fencing
Once the pool is removed, the owners corporation must deregister it from the NSW Swimming Pools Register. This is typically handled by the strata manager or committee, not individual lot owners. See our deregistration guide.
The pool fencing obligation ends when the pool is deregistered and removed. See pool fencing obligations after pool removal for detail on what happens to the barrier fencing.
Practical Tips for Strata Pool Removal in Newcastle
- Communicate early and often with lot owners, surprises at a general meeting create opposition; advance communication builds consensus
- Get the condition report right, a professional structural assessment of the pool’s condition is your strongest argument, especially if repair costs are high
- Check the capital works plan, if the plan already anticipated pool replacement or major repair, the committee has more flexibility
- Coordinate with council early, particularly in Newcastle CBD or Charlestown, where strata complexes are dense and council DA processes can be involved
- Plan for noise and access, machinery in a strata complex requires careful scheduling; residents need clear advance notice
Frequently Asked Questions
Can the strata committee remove the pool without a vote of all owners? No. Removing the pool, as common property, requires a resolution of the owners corporation, not just the committee. For most schemes, this means a special resolution at a general meeting.
What if a lot owner refuses to pay the special levy for pool removal? Owners who don’t pay levies are in breach of their strata obligations. The owners corporation can take debt recovery action through NCAT or the Local Court. The levy obligation cannot be refused simply because an owner voted against the removal.
Can a new pool be installed after removal? Yes, but that would itself require a resolution of the owners corporation and a development application. It would also require another special levy. Most complexes that remove a pool replace the space with garden, paving, or a gym/community space.
How long does strata pool removal take from decision to completion? Expect 3-6 months from the initial decision to investigate through to completed works. The governance process (meetings, notice periods, levy collection, DA if needed) takes the most time, the actual physical removal typically takes only one to three weeks.
Does removing the pool affect strata levies going forward? Yes, pool maintenance and insurance costs should reduce. The capital works plan should be updated after removal to remove pool-related items, which may reduce the required annual capital works levy contribution.
Managing a strata pool removal in Newcastle or Lake Macquarie? Contact Hunter Pool Removals for a quote that accounts for strata-specific access and scheduling requirements.