If you’re lucky enough to have a shared pool in your building or residential complex in Spain, you may be wondering if you’re allowed to invite guests to use it and how many you’re allowed to bring. Here’s what you need to know.
Summer is full swing here in Spain and we all know that one of the best things to cool down is to go for a swim.
One of your visions of living in Spain was most likely hanging out at the pool with your friends on a hot day. For those of you who made that a reality and own or rent somewhere with a communal pool, you’re probably wondering whether you can actually invite people round to use the shared facilities and how many people you’re allowed. Did someone say pool party?
Whilst obviously the ideal scenario is that you’ll invite exactly who you want when you want, there are certain rules that you need to be aware of.
It’s worth keeping in mind that when the weather is hot, the communal swimming pool becomes the focus of most complaints from neighbours in Spain. In fact one of the most common conflicts is between those who bring a group of guests to the pool every weekend, overcrowding the area for everyone else, and the other neighbours.
Communal pools and other shared areas are regulated by Article 9 of the Horizontal Property Law, which obliges all owners to use common areas appropriately and not to prevent others from exercising their same rights.
The Horizontal Property Law itself doesn’t actually state if inviting guests to the pool is allowed or give a maximum number, simply because it will depend on the size of your building, the size of the pool, who your neighbours are etc.
These rules should be written into your specific building’s community rules instead.
If the rules state that you’re allowed, it should also state the number of guests that are permitted.
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If the community rules don’t state the number of people allowed, it’s a good idea to bring the matter up at the next homeowners’ association meeting, so that everyone is clear on what the rules are and are happy with them to avoid conflicts.
In order to pass a motion, a majority of those present is needed.
If you or one of your neighbours repeatedly breaks these rules then the association can invoke Article 7.2 of the Horizontal Property Law (LPH), which can put a stop to activities that are disruptive or contrary to the bylaws.
In this case you or your neighbours will be issued with a formal notice, and if you (or they) continue to bring more guests to the pool that what is allowed, legal action can be taken. This may prevent you from using the pool in the future.
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So, before you send out the invites to that pool party you’ve been planning, it’s important to read your community rules first or contact the president of the homeowner’s association to find out.
If it’s a one-off celebration and you’re not bringing several guests to the pool every week, then your neighbours may agree to let you this one time if you ask them in advance and get a majority approval.
