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The Residents’ Association Rules set out the provisions agreed by the residents on the subject of cohabitation. These rules apply to all communal residential areas, and in the event that these areas are extensive and include gardens, swimming pools and children’s play areas, the residents’ committee must create its own code of conduct in line with the legislation in force. 

It is very important that these areas are safe, that they are protected from outside interference, vandalism and behaviour that may negatively affect the residents. Along with the cleaning and maintenance of communal residential areas, we have seen an increase in the safety of these areas, through the use of surveillance systems. The increase in video surveillance in communal areas has been confirmed by the principal European security companies. Using these surveillance systems, residents do not need to hire a security guard, and in the event that they have one, these cameras are a big help. 

Regulations for communal swimming pools

There is a considerable lack of legislation in the case of communal residential areas. In the case of swimming pools, the legislation for public swimming pools is regional, as such each region establishes its own regulations. In order to find out about the safety requirements that the swimming pool where you live should fulfil, you should contact the Public Health Department for your region and they will inform you which category it falls into: public or private swimming pool. The regulations for each are different, and which category the pool falls into depends on its size and the number of users. 

Generally speaking, if the building does not contain more than thirty properties, the law does not require a lifeguard to be employed. Above this number of properties, the size and type of swimming pool must be considered in order to determine the number of lifeguards required, whether a registered nurse must be available as well as the features of the facilities. Furthermore, the Residents’ Association Rules must include a regulation concerning the use of the swimming pool that clearly specifies the rules concerning hygiene, pets, children and the correct use of the facilities. 

Although the Horizontal Property Law which regulates everything concerning residents’ associations does not make it compulsory to take out public liability insurance, it is advisable to have it when the property has children’s areas, swimming pools and sports facilities. Otherwise, in the event of an accident which is deemed to be the association’s responsibility, it will have to pay the associated compensation.   

Children’s play areas

If there is a children’s play area in the communal residential area, it is essential that this is located more than 30 metres away from traffic and that it has a perimeter fence in order to protect the children. The play equipment must be safe and resistant, made from toxin-free materials and structures that are free of edges and sharp elements. The flooring on which the equipment is placed must be soft in order to absorb falls and slips, preferably made from synthetic materials or rubber. These children’s play areas must be set in obstacle-free areas so that the children can run around safely, and must include notices specifying the appropriate age group for playing on the different toys, as well as who to contact in the event that the equipment is damaged or a dangerous situation is identified.   

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