Community Pools

Our EGM this weekend was remarkably civilised although it did last 2.5 hours, however all the owners seemed to be on the same side for a change and the President didn't try to bash anyone.

Wondering if anyone has any advice on this; our community pools are owned by the developer and the community pays a fee each year to use them. For this fee (44,000 euros pa) the developer is meant to maintain the pools and surrounding area and provide sunbeds One of the pools is outside the restaurant  which is also owned and leased out by the developer. The developer claimed this pool had a public license meaning anyone from anywhere could use it but we still had to pay for it. It now seems he doesn't have a public use license and has agreed it will be for the community only. When asked how that would be enforced and could we have a key or swipe card system they said no because to do that would mean they would have to get a license and it will just be a case if we don't recognise anyone to ask them to leave. As a lot of the properties are rented out that would be impossible. They also say they have insurance.

My questions are, if a pool is rented out to a community does this not in a way make it a 'public' pool and need a license? For insurance purposes would a license not be required, and in these circumstances what sort of insurance is required (ie public liability)? If a license is not required why would one be needed to issue a swipe card or key to owners? (I don't think they have any intention of making it wholly private for our community as the restaurant depends on it for their custom also and are just making all this up)

Many thanks,

Regards, Poppyseed

Dear Poppyseed:

Please have answers/comments below in bold green ( same text of your email):

My questions are, if a pool is rented out to a community does this not in a way make it a 'public' pool and need a license?  In terms of the allowance of people, can be kept private ( to be used just by the members of your community), in terms of meeting specific safety, health requirements, the classification under communal pool is made differently in every region. For insurance purposes would a license not be required, and in these circumstances what sort of insurance is required (ie public liability)? Your community Insurance policiy should cover civil liability in the pool.If a license is not required why would one be needed to issue a swipe card or key to owners? (I don't think they have any intention of making it wholly private for our community as the restaurant depends on it for their custom also and are just making all this up) . Well, that is a matter of revising the contract you are signing for the hiring of the pool and see the use there. The community is obligued to submitt to the regional rules on safety and  health I have mentioned above.

Many thanks,

Regards, Poppyseed

Thank you Maria.

Regards, Poppyseed

Sure Poppyseed.

There is an article on law governing pools in every region of Spain, but cannot access it now. I guess it is being fixed by JUstin after the problem he has had with the server.