Community legislation pools.

Community pools are a double-edged sword: on the one hand, They are a claim to the owners by encouraging moments of enjoyment and relaxation, but on the other hand they are a constant source of conflict among neighbors. Why is not more we know what our rights are and, especially, our obligations, in order to make the most peaceful possible to use this common area.

As for the regulations of the communal pools, we must be above all the Horizontal Property Law, which it regulates all matters relating to neighboring communities, from the proper functioning of the common services to resolve disputes between owners or creation / modification of community facilities, issues affecting in any event to a community pool, as a service community.

also the consideration or the pool as "public place" must be taken into account, what will depend on the Autonomous Community where we are, e.g.: Catalonia, Baleares, Murcia and Castilla León They leave the regulation of community pools neighboring communities anyway, understanding that are privately owned and are exempt, in consecuense, the rules governing public pools; in Madrid They consider the community pool becomes public if it is located in a community of more than 30 housing; In Andalucia, Cantabria, Galicia, Navarra and the Basque Country They are considered to be from communities 20 dwellings or more. In the Valencian Community the legislation excludes community pools with less capacity to 100 people.

While as we say the law is autonomous and, Thus, varied, yes there are a number of minimum requirements for safety, hygiene and maintenance of facilities which they are virtually identical in all the Autonomous Communities.

  • Lifeguards: Often mandatory to have one while the pool remains open. The number of lifeguards required will vary according to regional regulations, taking other values ​​such as size or type of pool.
  • Have a first aid kit, properly equipped and located in a visible place.
  • Standards for internal use: neighborhood council approved by a majority, They should pray at the entrance to the pool and inside the facilities in a clearly visible place.

** This list of standards must include a schedule bounded opening and closing, subject to whatever comes Articles of Association of the Community or have decided by majority owners meeting.

  • Facilities: several points to consider:
  1. The maximum height of the glass of the pool It may not exceed 3 meters; obligatorily below 0,60 meters in the case of children's pools.
  2. Around the pool must be at least one meter wide and constructed with slip material.
  3. showers: must be at least two around the pool. Mandatorily must be used before entering the vessel.
  4. Using specific footwear (flip flops, flips flops) to access facilities.
  5. The public pools they must have, Besides the above, of toilets and changing rooms properly packaged and differentiated by sex.
  • Water safety: through appropriate cleaning and hygiene and qualified personnel to carry out maintenance of suitable conditions and legally required water safety.
  • accidents: It is necessary to distinguish two situations:
  1. Accident exclusive fault of the victim or fortuitous event: the homeowners are free to respond and compensate the damage.
  2. Accident responsibility of the owner of the pool for example or neglect of the community in the observance and compliance with any of the above or referred to in the relevant regulations requirements. Here Community liability applies against third parties, and the community will face the timely compensation. Thus, even though the Horizontal Property Act does not require hiring a liability insurance, it is advisable that the community has one, in order to properly address these eventualities.

 

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