Can I bring guests to the community pool?

The question of whether or not to bring guests to the swimming pool of the community of neighbours always generates debate. In this article we are going to answer some common questions about this issue and what legal rules or internal regulations we have to respect and abide by. 

It is in the regulations of the community of neighbours or owners where a series of rules and guidelines for coexistence are established that must be respected by all, and where, for example, all these cases of bringing guests to the swimming pool or other common areas of the community must be specified.

We already know that every spring and summer, the swimming pool of the community of neighbours is an oasis in which to take shelter from the sweltering temperatures. But in addition to the families who own or have rented a property, questions may arise about who can be invited and whether this will be more or less permanent for the whole season.

Does your community have rules of procedure?

Contact us if you need to create them or make changes.

What entry policies should be in place for community pools?

One of the most frequently asked questions is whether the community pool can be used by non-members. The answer to this question may vary depending on the specific rules and regulations of each community, as well as local laws and established agreements. Here are some important considerations.

Rules and regulations for the use of communal swimming pools

Do you know the rules of your own community?

Before you consider having guests in your community pool, it is essential that you are fully aware of the rules and regulations of your own community regarding the use of the pool. 

Each community usually has specific rules regarding opening and closing times, guests, security, and more. Make sure you understand and comply with these rules before considering having guests or attending another community pool yourself.

The first thing to do is to check whether the community statutes or the rules of the internal use regime contain regulations on the common areas of the community, and if so, to transmit them in a simple way to your guests.

Without house rules, it is very difficult to control the influx of guests to the swimming pool and other communal areas.

Have you consulted the regulations?

The rules may be available at the manager's office or on the community's website. Look for information on access policies for residents, for residents of other neighbouring communities, or the conditions of access and number of your potential guests.

If your community does not have regulations, you can consult with your administrator who can surely help you draft them and advise you on what Spanish law establishes.

On whom does access to the community pool depend?

Access to a communal swimming pool depends specifically on each community. The regulations in force provide for hygiene, maintenance and safety standards. However, the control of access and guests is the sole responsibility of each community. Thus, if a community has a more open policy in this regard or has no bylaws, its neighbours will be able to invite their friends to use it. If this is regulated, everyone will have to abide by the rules.

What happens if there are no community pool regulations?

If the bylaws say nothing at all about inviting people, it should not be a problem if friends or relatives come. However, these people must comply with the rules of safety, hygiene and maintenance. It is essential to make proper use of the pool facilities and to respect the rules set out in the internal rules of the community. 

That is to say, if there are no rules that prevent it (because there are no approved regulations, for example), you can bring guests without being subject to any restrictions other than common sense. However, as in any other communal installation of the community of owners, the good condition of the pool and its surroundings must be respected.

The regulations for community swimming pools may vary depending on the autonomous community. It is important to familiarise yourself with these rules to avoid infringements and legal problems. One of the most common limitations is the maximum capacity allowed in the pool or its entry and exit times and above all the need to have a lifeguard on duty during opening hours.

Who is liable in case of injuries or accidents?

Although if you follow the rules and behave appropriately, nothing should happen, accidents and unforeseen events can still occur. 

The Horizontal Property Law does not oblige communities to take out civil liability insurance, but it is highly recommended. Sometimes it is not clear, and it ends up being settled in the courts, who has to assume the civil or criminal liability, and this will depend on the circumstances in which the accident occurs or the causes of the accident.

If the accident occurred due to a lack of safety in the swimming pool, the residents' association should assume responsibility, and compensation may even be necessary. If, on the other hand, the accident is the result of carelessness or misuse of the facilities by the user, it is the user who is responsible for the damage and who will bear the costs.

Can the landlord and the tenant be in the pool at the same time?

Be firm on this: Under no circumstances can landlord and tenant share the use of the swimming pool, gym, paddle, etc. They must decide which of the two can enjoy the communal pool and ideally this should be stated in the conditions of their lease. So if this irregularity is detected, and you do not want to overlook this behaviour, you should ask them to show your rental contract to see what is stipulated.

Are there solutions to guest control in communal swimming pools?

It is usual that the swimming pool costs are not usually subject to the property coefficient. This means that each property pays the same.

Up to now, the most successful solution to guest control and pool capacity control is to provide each owner of the community with a card, bracelet or similar that gives access to the pool, the installation of an electronic gate with a key or a card. And the easiest way to control the number of guests is to provide each property with guest control tickets with the number of guests allowed per day.

It will be the residents themselves who will check whether the people who are sharing the pool and the rest of the facilities (showers, terrace, bar) have the corresponding identification. In this way, it is possible to count how many people have accessed the site (card + tickets) and thus control that the maximum capacity allowed in the communal pool is not exceeded.

Malva Street, Local 3 - Edif. Jazmín de Miraflores
29649 - Mijas (Málaga)

951 66 55 55




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