NO DOUBLE DIPPING: WHEN NON-RESIDENT OWNERS WANT TO USE THE POOL

Over the Christmas and New Year holiday period, committees often see a predictable seasonal spike in complaints about swimming pool use, especially double dipping. This year was no different, with multiple reports of non-resident owners wanting to “cool off”, or worse, sending their teenage children and friends to the building’s pool to get them out of their hair during the school holidays.

The logic, from the owner’s perspective, often sounds reasonable enough: “I own a unit there, so why can’t my kids use the pool?”

Unfortunately, strata law doesn’t usually agree — and attempts to do so can amount to a classic case of double dipping.

The Ownership vs Occupation Divide

In strata, ownership does not automatically equal entitlement to use common facilities. The right to use shared amenities such as pools, gyms, and BBQ areas is usually tied to occupation, not ownership.

Most by-laws grant use of facilities to:

• Lot owners who reside in the scheme, and/or
• Occupiers such as tenants and approved residents.

Where an owner leases out their lot and does not reside at the property, many by-laws explicitly exclude that owner from using recreational facilities — and that exclusion typically extends to their family members as well.

The reasoning is simple: facilities are designed, sized, supervised, and insured for the people who actually live there — not for additional users arriving from elsewhere during peak holiday periods.

The “Double Dipping” Problem

Issues arise when non-resident owners try to have it both ways:

• They receive rental income from their tenant, and
• They (or their children) turn up to use the pool, gym, or other shared facilities.

That’s a double dip.

One dip into the rental returns.
Another dip into the swimming pool.

While the pun may be light-hearted, the impact is not. Allowing non-resident owners or their children to use facilities can:

• Push facilities beyond safe capacity.
• Increase wear and tear and cleaning costs.
• Create supervision and liability risks, particularly with minors.
• Jeopardise insurance coverage.
• Frustrate residents who are entitled to use the amenities but find them overcrowded.

“But I Pay Levies!”

This is the most common defence raised by non-resident owners.

Yes, levies fund the maintenance of facilities — but they also fund roofs, lifts, fire systems, and insurance. Paying levies does not grant personal access rights divorced from occupation.

Strata living is built on shared rules and shared compromises. Leasing out a lot is a commercial decision, and with that decision comes the transfer of day-to-day use rights to the tenant.

A Lesson from Seinfeld 🍟

If this debate sounds familiar, it may be because pop culture solved it years ago.

In a classic Seinfeld episode, George Costanza is watched in horror as he is double dipping a chip — biting it, then plunging it back into the communal dip prompting the response:

“You dipped the chip. You took a bite. And you dipped again!”

Strata facilities work much the same way. Once an owner leases out their lot, they’ve effectively handed the “chip” to their tenant. Dipping back into the communal pool — personally or by sending the kids — breaks the unspoken (and often written) rules.

What Can Committees Do?

To minimise conflict, committee should:

• Ensure by-laws clearly define who is entitled to use facilities.
• Communicate those rules to owners, tenants, and managing agents.
• Address breaches promptly and consistently, especially during peak holiday periods.

Clear rules, early education, and even well-placed signage can prevent uncomfortable confrontations poolside.

Summary

Strata pools are shared amenities, not holiday overflow solutions for non-resident owners or bored teenagers. While ownership carries many rights, facility use is usually reserved for those who actually live there.

So, enjoy the rental income — but resist the urge to double dip. Because whether it’s chips, dips, or swimming pools, nobody appreciates the person who takes more than their share.

Article Contributed by Grant Mifsud, Partner at Archers the Strata Professionals.