21 Mar 2015 11:24 AM:
This is my understanding, garnered from my own Community, which is also in Mijas-Costa:
a) Regarding the requirements, apparently, the Mijas Town Hall has laid down higher requirements than those laid down by the State and by the Junta de Andalucía. In particular, they seem to be demanding the inclusion of a platform elevator which can lower wheelchairs into pools (WTF?!?!?!).
My own Community has a pool which is small enough to not require a lifeguard, but Mijas is still insisting on the elevator. At the moment, as far as I know, we are appealing to the Junta regarding Mijas' excessive requirements, who knows what result, if any, we'll get from that!
OTOH, our Community, and many others, seem to be waiting for the 22nd March Junta elections, followed by the May municipal elections, in the hope that, if the ruling parties change, then perhaps the requirements will change.
b) Regarding using the pool...again, I'm no lawyer, so I don't know anything about this "jail time" threat. Our Community has placed a tape around the pool area, but continues to maintain it (cleaning, chlorine treatment, water sampling) as if it's in use. They tell us (the owners), that it can be used but, if there is any accident in the pool, the Community's insurers will NOT take any responsibility in the matter, since the pool is "officially closed". Therefore, you enter the pool or not under your OWN responsibility, in the full knowledge that the pool is supposedly closed, and you will not be covered in the event of a mishap.
We tell our tenants this, and firmly place the responsibility on their shoulders. If they don't wish to take the responsibility on, then they may not enter the pool. I intend to get some sort of Disclaimer/Waiver document drawn up, and to make our tenants sign to the effect that they received this warning and they absolve us (as owners) and our Community of all responsibility.
Anyone up for helping with the drafting of this type of form, which we could then all share?
Thread:
Threat of jail for using swimming pool
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