With the arrival of heat in Spain, community pools will be defined in an oasis. But can I be in the community pool whenever I want? The answer to this question, very common among urbanization residents, is found in the Official State Gazette (BOE) and the regulations of the respective ministries. The Horizontal Property Law and municipal ordinances are usually the key regulatory sources in this matter.
When and how can I use my community pool?
The general regulation of the use of common areas in communities of owners, including swimming pools, is included in the Horizontal Property Law. This rule, modified several times, establishes that the common areas are for the use and enjoyment of all the owners, but this does not mean that they can be used at any time.
The communities of owners have the power to regulate through their statutes or, failing that, through agreements adopted in a meeting, the use and enjoyment of common areas. Thus, although the pool belongs to everyone, its use may be restricted at certain times, usually at night, to guarantee the rest of the residents.
What does the municipal regulation say?
In addition to internal community regulations, municipal ordinances may establish additional regulations. In many localities, these ordinances impose time restrictions to prevent noise disturbances during the night. These restrictions are usually stricter in the case of swimming pools, since their use can generate noise and disturbances that affect the rest of the neighbors.
What happens if the rules of use are violated?
Failure to comply with the rules of use of the pool may have consequences. According to the Horizontal Property Law, the community of owners can penalize those neighbors who do not respect the rules, even prohibiting them from using the common areas. In addition, the penalties can be even more severe if municipal ordinances are breached, which can include economic fines.
The next time you think about taking a dip after hours, remember to review your community rules and your municipality’s ordinances. It is important to enjoy the common areas with respect to other neighbors and in accordance with the law. And remember, as the philosopher said: “The freedom of each one ends where that of the other begins.” In neighboring communities, this principle is essential to maintain a good coexistence.
