What rules can the owners' association (the “comunidad de propietarios”) set for the pool? Is a lifeguard compulsory in Catalonia?

Question

José Manuel Alburquerque · Accepted Answer

The owners' association can set the rules for using the pool in the internal rules, which the owners' general meeting approves by a simple majority, such as opening hours, the number of guests or a requirement that minors be accompanied. What it cannot do is deprive an owner of the use of the pool without their consent. In Catalonia, the regulation that requires a lifeguard is the one on swimming pools for public use and, in principle, it does not extend to the pool of an owners' association that is used only by the residents and their guests, whatever its size. Even so, the owners' association must comply with the health regulations and keep the pool in a safe condition. Rules of use The internal rules, the building's house rules, can regulate, for example: The opening hours and the opening season. The guests each resident can bring and whether they have to be accompanied. The age from which minors can swim without an adult. Showering before swimming, food, glass containers and animals. The maximum capacity, that is, how many people can be there at the same time. They are approved by the owners' general meeting by a simple majority of those voting and are also binding on tenants. The limit is that a resolution cannot deprive an owner of the use of the pool, which is a common part, without their express consent. The lifeguard The Catalan regulation that requires a lifeguard is the decree on swimming pools for public use. It requires one when the water surface area, that is, the surface of the water in the pool, exceeds 200 square metres, with one lifeguard for every 200 bathers or part thereof. The number of bathers allowed is calculated at two for every five square metres of water, so a pool of 250 square metres can take 100 bathers and needs one lifeguard. With 200 square metres or less it is not compulsory, but a visible sign must state that there is no lifeguard service. The pool of an owners' association that is used only by the owners, those who live with them and their guests is not, in principle, for public use. That is why it is not required by law to have a lifeguard, whatever its size or the number of homes. The figures of 20 or 30 homes that are often quoted come from regulations in other autonomous communities and do not apply in Catalonia. The situation changes if the owners' association opens the pool to outsiders or charges for entry, because it may then be considered a pool for public use. It is also advisable to check whether the town council has its own ordinance on swimming pools. Outside Catalonia, the obligation depends on the regulations of each autonomous community. What must always be complied with The national regulation on swimming pools classifies those of owners' associations as private-use pools and requires them, as a minimum, to: Treat the water and monitor its quality. Display in a visible and accessible place information on the chemicals used, whether or not there is a lifeguard, the emergency telephone numbers and the rules for using the pool. Even if there is no lifeguard, the owners' association must keep the pool in a safe condition and may be liable for an accident if it does not. It is advisable to check that the owners' association's insurance covers the pool. If the owners' general meeting considers it prudent, it can hire a lifeguard even if it is not compulsory.