The Supreme Court has endorsed in a sentence that a community of owners prohibits the use of the community pool to the owners of parking spaces who do not reside in a house in the building.
The resolution considers valid the agreement of a community of owners of Santa Ponça, a town located in the Mallorcan municipality of Calviá, which prohibits the use of the swimming pool and the barbecue to garage owners who do not have a home in the complex.
It emphasizes that the contested agreement does not constitute a restriction of the rights of the owners of the garages but a mere reproduction of what could already be deduced from the constitutive acts of the community.
However, the Supreme adds that the owners of the parking spaces will be exempt from the expenses generated by these areas.
The sentence is based on the consideration that a swimming pool, by its very nature, is at the service of the owners who have their residence in the building.
The court upholds the appeal filed by the community of owners of the La Flor del Golf 1 building in Santa Ponça against a sentence of the Audiencia de Palma, which confirmed the one issued by a Court of this city.
These sentences had given the reason to an owner of several parking spaces without a home in the building and annulled the community agreement that prohibited him from using the swimming pool and barbecue in the sports area.
The community explained that the contested agreement, adopted by a majority, arose from a petition for the indiscriminate use of these areas by a group of about fifteen adolescents who had made abusive use of the swimming pools and that, after some inquiries, it was learned that all they were guests of the aforementioned owner of parking spaces.
The Supreme points out that the community of owners “was empowered to expressly prohibit the use of the pool by the owners of the garages who were not homeowners, since there was no authorization for it in their statutes.”
It clarifies that the swimming pool, as a common element, does not have as a natural destiny to serve the enjoyment of car park owners, since they acquire them to park a vehicle and not for the recreational characteristics of the building.
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