Dolphin Heads pool may close to public after property owner Facebook post

After decades of free access to a seaside resort pool, members of the public may be banned and locked out because of unruly behaviour. One resort owner is fighting back.

Simmering tensions between Dolphin Heads Resort property owners exploded after an announcement the resort was shutting its doors to walk-in swimmers because of defecation, overcrowding and safety issues.

The dispute exploded on social media when Whitsunday Waters Resort Body Corporate chairman Steve Hart posted the changes to community use of the pool.

Mr Hart said the Body Corporate Committee for Whitsunday Waters Resort CTS 24733 controlled the resort on behalf of the 84 owners of the 86 lots.

“Owners have voted at our last two AGMs to ban the unauthorised public from using our pool … unless you are a guest of the resort,” he said.

“Maintenance is $50,000 a year, (and) as a result of the overuse and faeces et cetera, we have had to replace pumps and chlorinators in the past month at an additional cost to all lot owners of $16,000 plus.

“We will be installing CCTV, boom gates, signage and fob access keypads to all pool and entry gates of the resort.

“We will also be hiring security guards and offenders will be prosecuted.”

Members of the public may be banned from swimming at Dolphin Heads Resort after a recent Facebook post from the Body Corporate chairman.

Mr Hart said visitors had defecated in the pool, jointly owned by 84 lot owners, and there had been numerous safety issues because of overcrowding.

“We’re trying to stop the public who come in and take all the carpark spaces. They walk in, lay their towel out, pull out their KFC and a slab of beer and jump in our pool,” he said.

“Showers are only available in the rooms.”

Mr Hart said the owner of Salt Cafe, Bar and Restaurant, and the resort’s convention centre, Lynn Ischenko, had advertised use of the pool for her customers.

“Lynn is using the Dolphin Heads name in conflict with her agreements … it’s a letting agreement name which is controlled by Body Corporate,” he said.

“We want her to remove her Dolphin Heads Facebook page. She only uses it to advertise restaurants and bands.

“The Deep End Pool Party cost … thousands to repair the damage. We’re just trying to save the pool.

“The liquor licence doesn’t let people drink alcohol on common property unless they’re a tenant of the resort. We’ve put up signs and Lyn takes them down.”

Ms Ischenko said Mr Hart’s post purported to be “on behalf of Whitsunday Waters Resort”.

Body Corporate chairman Steve Hart says there has been defecation and injuries because of overcrowding at the resort pool.

“(We) have no record of it being formally authorised or endorsed by the Body Corporate,” she said.

“The statement is in part correct, in that the pool is private property and is open only to guests of the resort … the statement is incorrect however (in) suggesting that guests of the restaurant, which is part of the resort, are unable to use the facilities.

“We consider guests of the restaurant guests of the resort and able to use and access the facilities including the pool.

“We are uncertain of what basis the writer relied on to propose restricting access to guests of the restaurant and are deeply concerned by the statement of what measures will be taken to prevent guests from accessing facilities.”

Ms Ischenko said she had contacted solicitors to take “urgent action”.

“The development of the resort was originally approved in 1998, since the original development, the Mackay region has further developed as a major tourist destination,” she said.

“Uses which were envisioned in 1998 may not be suitable to 2021 and beyond.

“We are presently liaising with Mackay Regional Council regarding necessary amendments to the original development application and improvements to facilities which will allow us to best cater to the needs of residents and guests.”

Mr Hart and Ms Ischenko are seeking legal advice.