Sun. Jul 21st, 2019

Ahogadillas among neighbors by the building's swimming pool | Economy



When it squeezes the heat, the debate about whether put or not a pool on the farm he becomes more fierce. Every year, in this time, the imagination of the neighbors is shot and displayed in swimsuits and flip flops. No decision taken in neighbors board It is a walk, but in the case of swimming pools, things get complicated. The main stumbling block is the voting for its construction to go ahead.

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It is a controversial issue that has been different in the courts: some consider that all the neighbors must agree and others that unanimity is not necessary. "According to Horizontal Property Law (LPH), as it is a non-necessary installation, the agreement must be approved with the favorable vote of three fifths of the owners and quotas, that is, 60% ", explains Isabel Bajo, president of the Professional Association of Property Administrators of Madrid (CAFMadrid) The judgments of some Provincial Courts validate this proportion of votes.

However, a judgment of Supreme Court of October 9, 2008 declares as jurisprudential doctrine that the "construction of a pool, by modifying a common element or making it unusable for another use, requires unanimity, the three-fifths rule being insufficient for its approval", says Salvador Díez, President of the General Council of Colleges of Property Administrators (CGCAFE). When laying down jurisprudence, every new pool should require the unanimity of the neighbors, but in practice this is not always the case.

In this sea of ​​uncertainty move the neighbors and, above all, the administrators of farms. In one of the developments managed by Carlos Torres in Cobeña (Madrid), the construction of the swimming pool was approved, of 15 by 10 meters, last year by three-fifths of the neighbors. He has decided to take advantage of what the LPH says. This summer the installation begins, for which each owner must pay about 2,500 euros. Something else will have to wait for the neighbors of the community that administers in Móstoles Federico Cerrato, of the company Fisconta. Its construction has just been approved by three fifths. Now they are pricing budgets. "Of 112 neighbors, 81 have said yes, so the project is paid by those who participate in it," argues the administrator. The final cost of the pool, 18 by 8 meters, amounts to 168,000 euros and each neighbor must pay about 2,100 euros. "It is an issue that raises controversy, especially among those who want a swimming pool at all costs and those who do not want to lose part of the use of the land that is communal or suggest that it would produce noise during summer naps," says Cerrato.

Once the construction is voted on, the problem is to know who pays the pool. If it has gone ahead with the vote of the three fifths, it is only paid by those neighbors who vote in favor. The rest has no obligation to pay it, since the cost of the installation exceeds three monthly installments of ordinary fees. However, they can not use the pool either, although they can use the lawn area. "The LPH establishes differences between the necessary, obligatory and improvement works, if the pool that is installed is considered an improvement, only three-fifths would be required and in this case the entrance to the neighbors who have not paid may be prevented" , says Díez. To prevent entry, an access control system can be installed. Some communities give out cards to the owners and they can even put a price on the entrance of dissident neighbors. If afterwards they repent and decide to pay for the installation, they can do it, something quite usual. In any case, you can always challenge before a court the decision of your community to declare the agreement null.

The motivations of the neighbors to install a pool are usually not economical and that revalue homes between 7% and 10%, says Bajo. Your goal is to enjoy an outdoor area (quality of life, exercise ...) without leaving home, especially when there are children. However, we must not forget the maintenance costs and the costs derived from the service of the life guard. The regulations vary by region: in Madrid, for example, it is mandatory to hire lifeguards from 31 homes.

Demand grows

The demand for community pools is helping the sector, whose turnover increased by 5.45% in 2018, according to the Association of Manufacturers and Distributors of Equipment and Chemical Products, Maintainers and Pool Builders (ASOFAP). In Spain there are 1.3 million installations, of which 82,000 are community. 95% are on site, made of shotcrete - concrete is projected onto a surface. As for the coating, about 92% use tile or ceramic, comment in Fluidra, manufacturer of systems and components for swimming pools.

For farms and small pools, the best options are prefabricated and demountable. In the case of the former, the form and connections are already in the factory in one piece and only the digging of the hole is required. "They cost about 9,000 euros, 30% less than the construction pools," they say in the Habitissimo reform portal. If perforations can not be made, the removable ones are the best solution, although they are more common in single-family buildings. Prices move between 1,500 and 5,000 euros, calculated on the portal. Saline chlorination pools are increasingly popular. "In Spain, most use classic products such as chlorine, while between 15% and 20% use salt electrolysis, although saline technology is very fashionable and increasingly widespread," they say in Fluidra. There is no irritation in the eyes and the dryness of the skin is reduced. In addition, maintenance is less.

The cost of maintaining a pool

Maintenance work includes checking for leaks, cleaning the pool, checking the PH ... Prices can range from 105 euros for the chlorination and disinfection of the pool to 1,200 euros, which would also include filling or cleaning, they say in Habitissimo. The maintenance throughout the summer season for a installation of 100 square meters of sheet water costs from 3,000 euros, says Salvador Díez. Regarding water saving, there are several options that go through the use of covers to avoid evaporation or products to prepare the pool for the winter and not have to waste the water. Also, chemical disinfection products to prolong their useful life or variable speed pumps, comment in Fluidra.

(tagsToTranslate) drowned (t) neighbor (t) pool (t) building (t) dispute (t) agreement (t) necessary (t) construct (t) maintain (t) installation (t) community (t) owner (t) t) soler (t) finish (t) court



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