If an owner only has a parking, can they use the pool?
In residential Communities of Owners featuring "non-essential" amenities like pools or paddle tennis courts, a common issue arises regarding whether parking space owners, who do not possess a residential unit in the building, have the right to utilize these facilities. This matter often leads to conflicts due to the typically low ownership ratio associated with parking spaces, resulting in a reduced contribution towards maintenance expenses.
The Supreme Court in the sentece 292/2019 has established that parking space owners without residency in the community may be restricted from accessing these amenities. However, such prohibition needs an initial review of the community's bylaws. If the bylaws explicitly permit parking space owners to use these facilities, any restriction would require a unanimous consensus for an amendment, a scenario that is unlikely to materialize.
In many instances, the bylaws explicitly state that only property owners with residential units can enjoy the common areas, including pools. In such cases, the prohibition is automatically enforced without the need for additional agreements.
In situations where the bylaws are absent or silent on this matter, the community must establish an agreement to prevent parking space owners from using these facilities. This agreement mandates the approval of the majority of property owners and shares. Furthermore, those restricted from utilizing these amenities should not be required to contribute towards their maintenance expenses.
These regulations are designed to curb the improper use of such facilities, which are primarily intended for the residents' benefit. The Supreme Court has underscored that the pool, as a communal feature, is not intended for the enjoyment of parking space owners, whose main purpose in acquiring the space is for vehicle parking.
It is crucial for residential communities to establish clear guidelines and regulations regarding the use of amenities to maintain harmony among residents and ensure that the facilities are enjoyed by those for whom they are intended. By enforcing these rules, communities can uphold the value and purpose of communal spaces while also addressing any potential conflicts that may arise.
So, if an owner only has a parking space, they typically cannot use the pool unless the community's bylaws explicitly permit it. Clear and enforceable regulations help ensure that common amenities are reserved for those who contribute to and are part of the residential community.
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