Summer is coming and with it also the usual opening of public and private swimming pools. In the homeowners’ communities, the swimming pools have been opening progressively throughout the months of May and June, and will remain open until September.
The neighbors will be able to enjoy them, always paying attention to the corresponding regulations. And what about the tenants? Since it is a common area, the scope of community pools is regulated in the Horizontal Property Law (LPH), as well as in the different regional and municipal regulations and also those of the neighborhood community itself.
The Urban Leasing Law (LAU) also comes into play.which gives meaning to everything that has to do with owners and tenants.
What does the LAU say about the use of swimming pools?
Article 2.2 of the LAU specifies that the rules governing housing rentals will also apply to furniture, storage rooms, parking spaces and any other rooms, leased spaces or services transferred as accessories to the property by the same landlord.
That is to say, The tenant has the full right to use and enjoy the pool, as long as it has been specified in the rental contract. Otherwise, it is advisable to ask the owner. In addition, the tenant must comply with the rules of the community of owners that regulate the use of the pool. These include basic rules such as opening hours, cleanliness, security, respect for other users…
And what happens if the owner does not allow its use?
This must be reflected in the lease contract. Among the most common reasons for the prohibition, we can find that the owner wants to enjoy the use of the pool, or that the community statutes or the owners’ meeting have prohibited its access to tenants.
