Not everything goes when it comes to making use of common areas within a community of owners, and community pools are no exception. In fact, they are one of the areas that usually generate the most conflicts among neighbors, precisely because of their great attractiveness and potential danger.

As with any other matter within a horizontal property regime, it is possible to adopt rules and agreements that limit and limit the use of the pool area.

In this article we tell you what matters can be regulated by the owners' meeting and what majorities are necessary in each case. Also which are the laws and norms that affect the community swimming pools and which are the minimum rules that they impose.

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What are community pools?

A swimming pool will be communal provided that it is integrated in a horizontal property regime and its use is, therefore, shared by the owners of properties integrated in such regime.

Among other things, the fact that a swimming pool is communal implies that it is not an area susceptible to division and that it can only be sold, encumbered or seized together with the private part of which it is an inseparable annex. It is, to all intents and purposes, an area of common use.

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Who sets the rules for a community pool?

The rules applicable to community swimming pools depend mainly on the autonomous communities and municipalities, as well as on the decisions taken within the framework of the owners' communities.

Compliance with certain rules regarding sanitation is one of the few areas where state regulations have something to say with respect to community pools.

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What does the law say about community pools?

Royal Decree 742/2013, of September 27, establishing the technical-sanitary criteria for swimming pools, establishes some rules related to the characteristics of these pools, as well as the water treatment or the chemical products that can be used for their cleaning and maintenance. This standard also regulates the information that must be displayed to the public in this type of space.

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These are some of the most important rules applicable to any community pool, regardless of its location within the national territory:

Newly constructed swimming pools, as well as constructive modifications to existing swimming pools, must comply with the Technical Building Code, as well as with the Regulation on Thermal Installations in Buildings and "any other applicable legislation and standards."

The community of owners, as owner of the swimming pool, must ensure that its facilities have the appropriate elements to prevent health risks and guarantee the healthiness of the facilities.

Water quality must be at least filtered and disinfected before entering the pool. Chemical treatments (which must comply with EU regulations) shall not be carried out directly in the pool, with some exceptions (and, if necessary, always without bathers): the water must pass through the various unitary treatment processes before entering the bathing area.

The water "shall be free of pathogenic organisms and substances in a quantity or concentration that may pose a risk to human health". It shall also contain residual disinfectant and have disinfecting power.

The community of owners must make available to users in an accessible and easily visible place, at least, information about the rules of use of the pool and the rights and duties for its users, as well as "about the existence or not of lifeguard and the addresses and telephone numbers of the nearest health and emergency centers." There should also be clear information about the chemicals and mixtures used in water treatment.

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Horizontal Property Law and community swimming pools

Another norm that serves as a reference when regulating the activity in community pools is the Horizontal Property Law (LPH). It does not indicate anything in reference to community pools, but it does clarify what majorities are necessary to approve any internal regulation that limits or regulates their use:

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Rules of coexistence and use of services and common things

There is the possibility of approving rules "of internal regime that will also bind all owners" without the need to modify the bylaws. Specifically, the LPH allows to regulate the "details of the coexistence and the adequate use of the services and common things".

For this purpose, the vote of the majority of the total number of owners who, in turn, represent the majority of the participation quotas, shall be sufficient. On second call, the resolutions adopted by the majority of those present shall be valid, provided that such majority represents, in turn, more than half of the value of the quotas of those present.

However, it is always necessary that these agreements respect the content of the community statutes, as well as the applicable legislation and ordinances.

Modification of the community's bylaws

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If it is a question of modifying the bylaws or the constitutive title of the horizontal property, the unanimity of the total of the owners representing the total of the participation quotas will be necessary.

The case of lifeguards: three-fifths majority

One exception that must be taken into account is the hiring of lifeguards. The LPH tells us that "the establishment or suppression of porter's lodge, concierge, security or other common services of general interest, whether or not they involve modification of the constitutive title or the bylaws, shall require the favorable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation quotas."

Pool rules that can be regulated by the homeowner's association

The Horizontal Property Law does not limit the matters that can be regulated by the owners' meeting with respect to the use of the community swimming pool. However, there are certain rules that are usually regulated to avoid problems of coexistence or security. These are some of them:

Opening and closing hours: The hours of use of the community pool is one of the most frequently regulated points and it is common that the use of the community pool after hours is expressly prohibited.

Access rules and capacity: Community regulations may limit access to certain owners in case of, for example, non-compliance with their obligations as members of the community. It is also common that certain owners do not participate in the expenses of the community pool and therefore do not have access to it. In addition, it is possible to limit the access of third parties outside the community as a formula to avoid crowds and annoying events in this area.

Prohibition of parties: Prohibiting pool parties is another common practice, and the same applies to the consumption of alcoholic beverages or tobacco in these areas.

Access of pets: Although the community of owners cannot prohibit the keeping of pets in the homes within the condominium, their access to the common areas can be limited, with prior agreement of the board.

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Who can use the pool in a community?

In principle, the use of the communal swimming pool is limited to the owners of dwellings within the condominium. There is jurisprudence that indicates that it is only the owners who have the right to access this type of common area, leaving out those who are only owners of premises, parking spaces or storage rooms.

As to whether it is possible for tenants to use the communal swimming pool, the answer is normally affirmative, and it will be necessary to take into account the provisions of the rental contract itself as well as the regulations of the community of owners.

Most often, the lease assigns to the tenant the use and enjoyment of the common facilities, so that the landlord will not have access to them for the duration of the lease. However, it is also possible that the landlord reserves this right of use and that this condition is included in the contract. What is not possible is that both parties have the right to use the communal swimming pool at the same time.

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Who decides whether to open the pool in a homeowners' association?

As is the case with the opening and closing hours of the community pools, the opening schedule of the community pools is decided by the owners as a whole.

The most usual is that this type of agreement is framed in the regulation of the "details of the coexistence and the adequate use of the services and common things". Therefore, in order to approve the schedule for the opening of the swimming pool, the vote of the majority of the total number of owners who, in turn, represent the majority of the participation quotas, will be sufficient.

On second call, the resolutions adopted by the majority of the attendees shall be valid, provided that such majority represents, in turn, more than half of the value of the quotas of those present.

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