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QUESTION

  • Is it legal that the Community has agreed in the Board the construction of a swimming pool in the common area of ​​the urbanization, without the consent of all the owners?

Although this type of matter is always a cause for discussion -even doctrine- in our opinion, the agreement for the construction of a swimming pool in a common area, requires the favorable vote of three-fifths of the owners who represent the same participation quotas.

In this regard, article 17.4 of the Horizontal Property Law is applicable, which provides that, although no owner may demand new facilities, services or improvements not required for the proper conservation, habitability, security and accessibility of the property, according to their nature and characteristics (we understand that the pool meets such premises), if the agreement is adopted with the favorable vote of three-fifths of the total owners who, in turn, represent three-fifths of the participation quotas, will understand validly adopted.

However, the rule also says that, if the installation fee for such a service exceeds the amount of three ordinary monthly payments of common expenses, the dissident will not be obliged, nor will his fee be modified, even in the event that he cannot be deprived of improvement or advantage.

To make use of such exoneration of expenses, it is necessary that you have stated your express opposition to the agreement and, obviously, you will not be able to use the pool as long as you do not pay your share of the costs of its execution and maintenance duly updated through the application of the corresponding legal interest.

*The answer has been prepared by the law firm Echeandia & Alevito: www.echeandia-alevito.com


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