Swimming Pool Security Problem

We are an established Community in the Costa Blanca with a problem of unauthorised people using our swimming pool.  Unfortunately the builder went into liquidation and failed to complete the pool on the next phase of the development so the people who moved in started to use our pool - free of charge - they have been told, obviously, but continue without our permission.  Their properties were not completed and they still have not received their deeds so are presently unable to set up their own Community.  Until they become fully legal they are refusing to complete the unfinished parts of their phase, including the pool.  We installed a lockable gate this year, but now find that someone from our own Community has issued them with a key.  Can anyone advise what action we can be taken against these unauthorised users -and-  the person from our Community who is allowing them into our pool.  Thanks to anyone for their help with this problem.

 Hello; The security of swimming pools in communities is a popular problem in summer. I think your problem from your mail is slightly different as your unwanted pool users are from a adjoining phase.

Firstly you should establish the exact facts of their reason for using your pool.It is common & I have seen on more than 1 occasion promotors adding to the deeds of apartment buyers in part sold / built phases the common use of the neighbouring related phase's swimming pool. It may well also be on your deeds that you have use of their swimming pool when & if it is built.  I appreciate the difficulty of the same with regard to your statement that these owners have not yet received their deeds but you have & they will have some form of detailed contract setting out what they are to purchase. Once you have this information you will be on a firm legal footing not only with regard to the unwanted visitors but also the person who issued the key.

If you can be certain from the above information that the neighbours in the adjoining phase have no right of use of your pool then you could change the lock & issue new keys to your members . Identification by coloured wrist bands is also a way of establishing the rightful users of the pool. The mangement board of your community could issue a community denuncia against the person who issued the key to the pool also in these circumstances.Continued entry could be dealt with as trespass by reporting the matter to the police.

In conclusion be certain that these people have no rights of use because to bar them from the facility if they have can give you a legal problem.

I hope this is helpful.

F.Parkinson  Jacksons Administradores SL

Thank you F Parkinson for this reply.  We have established that our phase has authority over our piece of land while the other phase remains unfinished.  This is stated in our deeds and the situation is not expected to change in the foreseeable future.  We have made several offers to the other phase to pay towards the maintenance of our pool, but they have refused this offer because they have many other problems to address.  I think the 'key' to this problem lies in your suggestion that we deal with the person in our community who is issuing keys to the other phase without our permission.  We will discuss this with our management team and administrator.  Thank you again for your response.