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Communal Pools - Spanish Law

Communal Pools - Spanish Law

Old Apr 14th 2010, 9:27 am
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Default Communal Pools - Spanish Law

Hello, I have searched google and through the forum and I can not find a definitive answer.

Our apartment complex in Isla Canala, Ayamonte, Heulva, Andalucia has a pool with a SQM surface greater than 200m and requires a life guard to be present by “Spanish Law”.

However some complexes near by use their pools out of season and have a “use at own risk” system with key access and is in place for months like May/June Sep & Oct with a manned lifeguard for the busy months of July & Aug.

Is this legal? As our community say it isn’t or does anyone know of a lawyer that have experience in this area that we can confirm with one way or the other?

I have also heard this is regional for Andalucia, so would be interested to hear about other complexes with >SQM200 Pool Size.

Thanks very much….!!!!!!
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Old Apr 14th 2010, 12:04 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by The Pope
Hello, I have searched google and through the forum and I can not find a definitive answer.

Our apartment complex in Isla Canala, Ayamonte, Heulva, Andalucia has a pool with a SQM surface greater than 200m and requires a life guard to be present by “Spanish Law”.

However some complexes near by use their pools out of season and have a “use at own risk” system with key access and is in place for months like May/June Sep & Oct with a manned lifeguard for the busy months of July & Aug.

Is this legal? As our community say it isn’t or does anyone know of a lawyer that have experience in this area that we can confirm with one way or the other?

I have also heard this is regional for Andalucia, so would be interested to hear about other complexes with >SQM200 Pool Size.

Thanks very much….!!!!!!
I have been looking for this also.
I have heard various rules from a poolman, but not seen them written down.
I heard the size of the pool is inmaterial, it is the depth that requires the lifeguard being there while in use.
Also depending on how many properties share, there is a need for toilets and showers, although most pools already have a shower.
All shared pools should be fenced in with locking gates.
Lilos and other floating toys are also banned in community pools.
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Old Apr 14th 2010, 12:49 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by jdr
I have been looking for this also.
I have heard various rules from a poolman, but not seen them written down.
I heard the size of the pool is inmaterial, it is the depth that requires the lifeguard being there while in use.
Also depending on how many properties share, there is a need for toilets and showers, although most pools already have a shower.
All shared pools should be fenced in with locking gates.
Lilos and other floating toys are also banned in community pools.
Our Pool is open from 15/6 to 15/9 - Spanish School holidays.....

We are not allowed inflatables but this is all agreed by the comittee. They keep saying if we use the pool out of these times the community is liable to be fined lots of €€€€€€.

I do not believe this to be true (but it might be) as other complexes have their pools open in Apr-Oct and use at own risk. and the pools seem the same depth and size !!!!
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Old Apr 14th 2010, 1:41 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by The Pope
Our Pool is open from 15/6 to 15/9 - Spanish School holidays.....

We are not allowed inflatables but this is all agreed by the comittee. They keep saying if we use the pool out of these times the community is liable to be fined lots of €€€€€€.

I do not believe this to be true (but it might be) as other complexes have their pools open in Apr-Oct and use at own risk. and the pools seem the same depth and size !!!!
Ours is kept clean and open all year, if you are brave enough
Some mad English were in swimming at Easter.
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Old Apr 14th 2010, 2:02 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by jdr
Ours is kept clean and open all year, if you are brave enough
Some mad English were in swimming at Easter.

Ours is clean... just not open!

I wouldn't want to go in tho!
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Old Apr 14th 2010, 2:43 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by The Pope
Ours is clean... just not open!

I wouldn't want to go in tho!
Hi
I understand it has to be inspected each year and an opening licence issued from the Town Hall. Therefore someone at the Town Hall should be able to give you the rules. Also the pool might look clean but the water may not be right for swimming in. Yes! the fines are hefty and imposed on the community if anyone uses it when it is not open. We know this to our cost!!
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Old Apr 14th 2010, 3:17 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by olivia
Hi
I understand it has to be inspected each year and an opening licence issued from the Town Hall. Therefore someone at the Town Hall should be able to give you the rules. Also the pool might look clean but the water may not be right for swimming in. Yes! the fines are hefty and imposed on the community if anyone uses it when it is not open. We know this to our cost!!
Wow, i bet the fine was hefty !

I think we need to seek legal advice on using a pool without a lifeguard if we sign a "At own risk" letter/notice.....
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Old Apr 14th 2010, 3:47 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by The Pope
Wow, i bet the fine was hefty !

I think we need to seek legal advice on using a pool without a lifeguard if we sign a "At own risk" letter/notice.....
you really do need to find out - it's a bit ridiculous that you can only use the pool for 3 months of the year!!

mind you - weather as it is just now............................
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Old Apr 14th 2010, 4:18 pm
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Default Re: Communal Pools - Spanish Law

Originally Posted by lynnxa
you really do need to find out - it's a bit ridiculous that you can only use the pool for 3 months of the year!!

mind you - weather as it is just now............................
I know its banging it down as we speak...!

Help Where is Spanish Lawyer when you need someone !
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Old Apr 15th 2010, 2:19 am
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Default Re: Communal Pools - Spanish Law

Originally Posted by The Pope
I know its banging it down as we speak...!

Help Where is Spanish Lawyer when you need someone !
why does anyone need to know the legality.... if you swim you swim or you sink...if you need a lifeguard to look after your kids in a pool why aren't you doing the same thing and if you do need someone else to take care of your kids.... well ask yourself.......why are you deferring your childrens' safety or your own to someone who is paid a minimum wage? Yes he does do nothing most of the time, yes he is bored silly, because 99% of the time he has nothing to do but look alert......that 1% of the time....when some idiot does something stupid....like pushing your child in at the deep end...... were YOU watching?... When you are in water,near a pool..look after you and yours, and don't blame anyone else because YOU took your eye off the focus.

Last edited by dunmovin; Apr 15th 2010 at 2:52 am.
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Old Apr 15th 2010, 7:24 am
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Default Re: Communal Pools - Spanish Law

Originally Posted by dunmovin
why does anyone need to know the legality.... if you swim you swim or you sink...if you need a lifeguard to look after your kids in a pool why aren't you doing the same thing and if you do need someone else to take care of your kids.... well ask yourself.......why are you deferring your childrens' safety or your own to someone who is paid a minimum wage? Yes he does do nothing most of the time, yes he is bored silly, because 99% of the time he has nothing to do but look alert......that 1% of the time....when some idiot does something stupid....like pushing your child in at the deep end...... were YOU watching?... When you are in water,near a pool..look after you and yours, and don't blame anyone else because YOU took your eye off the focus.
I need to know if it is law as our President and comittee say it is.! So if it is the law that you can not swim in a communal pool >200SQM with out a lifeguard then I won't be challenging them.

However if it isn't law then I will be challenging them and get the community rules changed.
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Old Apr 15th 2010, 10:31 am
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Smile Re: Communal Pools - Spanish Law

Originally Posted by The Pope
I need to know if it is law as our President and comittee say it is.! So if it is the law that you can not swim in a communal pool >200SQM with out a lifeguard then I won't be challenging them.

However if it isn't law then I will be challenging them and get the community rules changed.
Are you sure your pool is over 200 sq m? That would be 20m x 10m and that is quite big. Our pool is only 90 sq m and that is 14m x 5m and I know it has nearly the same volume of water as one of the pools at Marina Esuri but theres is deeper than ours so the area can,t be that much more. I know its difficult with a kidney shape but it might be worth checking the area and the depth against the rules.
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Old Apr 15th 2010, 10:46 am
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Default Re: Communal Pools - Spanish Law

Originally Posted by John & Kath
Are you sure your pool is over 200 sq m? That would be 20m x 10m and that is quite big. Our pool is only 90 sq m and that is 14m x 5m and I know it has nearly the same volume of water as one of the pools at Marina Esuri but theres is deeper than ours so the area can,t be that much more. I know its difficult with a kidney shape but it might be worth checking the area and the depth against the rules.
John... I am sure it is over 200SQM

http://www.islacanelaproperty.com/pr...p?prod=API0017
It is big.

I just need to know what the law is..... any ideas of who i can ask?

Last edited by The Pope; Apr 15th 2010 at 10:52 am. Reason: Link didnt work
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Old Apr 15th 2010, 10:59 am
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Default Re: Communal Pools - Spanish Law

Originally Posted by The Pope
I need to know if it is law as our President and comittee say it is.! So if it is the law that you can not swim in a communal pool >200SQM with out a lifeguard then I won't be challenging them.

However if it isn't law then I will be challenging them and get the community rules changed.

From what I believe, the communinty acts on behalf of the majority, a lot of communities limit the use of the pool to save on costs, lifeguard etc.

On a lot of urbs, there is a large number of folks who dont use the pool all year round, summer residents etc and their votes all count against those that do, so it might be an uphill struggle.

Even if it is not against the law it still maybe against the community rules.
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Old Apr 15th 2010, 11:12 am
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Default Re: Communal Pools - Spanish Law

Originally Posted by JLFS
From what I believe, the communinty acts on behalf of the majority, a lot of communities limit the use of the pool to save on costs, lifeguard etc.

On a lot of urbs, there is a large number of folks who dont use the pool all year round, summer residents etc and their votes all count against those that do, so it might be an uphill struggle.

Even if it is not against the law it still maybe against the community rules.
Yeah I know that, i want to change the community rules, they are saying it is "Illegal to swim without a lifeguard present"

So if i find out that it isn't illegal (that the community wont get fined) We will get it onto the adgenda to re vote on the rule.

But no one can tell me if it is legal or illegal to swim in a pool without a life guard present with has a surface area >200SQM.
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