With summer approaching, many condominiums are once again facing the same question: can a resident take friends or family to the building’s pool? In Portugal, there is no national rule that says exactly how many guests each condominium owner can take, but condominium regulations may impose limits.
The swimming pool of a condominium is, as a rule, a common part of the building, unless the constitutive title establishes another allocation. This means that it belongs to the group of condominium owners and must be used in accordance with the rules approved for that building.
The essential point is this: the primary right to use the pool belongs to the owners. Residents, renters, family members, visitors or guests can use it in accordance with the regulations and the title that legitimizes the occupation of the unit. Guest entry depends on the condominium’s internal rules.
Regulation may limit guests
The condominium regulations may define whether or not guests can use the pool. You can also establish how many people each fraction can take, at what times and under what conditions.
The Civil Code provides that condominium regulations regulate the use, enjoyment and conservation of common parts. According to , the rules on swimming pools in condominiums may cover exclusive use by condominium owners, extension to family and friends, the possibility of events, schedules, hygiene and surveillance.
These rules must be approved at a condominium meeting and applied equally to everyone. The objective should not be to persecute a specific resident, but to ensure safety, comfort and good coexistence.
For example, a condominium may decide that each unit can only take one or two guests to the pool. You can also limit access on higher capacity days or require the owner or responsible resident to be present while guests use the space.
There is no fixed number in the law
The law does not say that each neighbor can bring one, two, three or five people. This number depends on the size of the pool, the recommended capacity of the space, the number of fractions and what is defined in the internal regulations.
In a small condominium, allowing too many guests per unit can make the pool impractical for other residents. In a larger condominium, with ample space and clear rules, there may be greater flexibility.
Therefore, the answer to the question “how many people can you take?” It’s simple: it depends on the condominium regulations and the rules approved by the assembly.
Guests cannot take away the rights of residents
Even when guests are permitted, their presence must not prevent owners and authorized residents from using the pool. Priority must always go to those who have the regular right to use the common space.
If a condominium owner takes many people and this causes overcrowding, noise, lack of space or conflicts, the condominium can intervene. The administrator must apply the regulations and, if necessary, take the topic to the meeting.
The swimming pool must not be turned into a private party space, unless this is expressly provided for and authorized by internal rules.
Security also counts
Pool rules aren’t just about avoiding conflicts. They also exist for security reasons. Recommended capacity, child supervision, schedules, noise, hygiene and correct use of the space must be clearly defined.
DECO PROteste has warned about the lack of specific regulations regarding leisure pools in condominiums, which makes the existence of well-approved and publicized internal rules even more important.
In condominiums with a swimming pool, it is advisable that the main rules are posted close to the access. Decree-Law No. 268/94 also provides that the administrator must ensure the publication of rules regarding the safety of the building and common equipment. This way, residents, renters and guests know what they can and cannot do.
It may also be required that guests are always accompanied by the responsible resident. In the event of damage, non-compliance with rules or inappropriate behavior, the condominium owner or resident who caused the damage may be called to account before the condominium, without prejudice to possible civil liability.
What if there is no regulation?
If the condominium does not have clear rules regarding guests in the pool, conflicts may arise. In these cases, the issue must be taken to the condominium assembly for approval of internal rules.
The assembly can define reasonable limits, as long as it respects the law, the constitutive title of the horizontal property and the rights of condominium owners. The rules must be proportional and justified by the good use of common space.
Ideally, the regulations should indicate who can use the pool, how many guests are allowed, whether identification is required, what hours and what behaviors are prohibited.
If sanctions for non-compliance are approved, they must respect legal limits and be provided for in the regulations or in a valid deliberation of the assembly.
Local accommodation
When there is local accommodation in the condominium, the issue can become more delicate. The frequent entry of guests into the pool must be analyzed in light of the regulations and the deliberations of the assembly.
According to the Technical Guide for Local Accommodation of Turismo de Portugal, when the local accommodation operates in a building on a horizontal property, the information book made available to guests must include information on the regulations and rules of the condominium relevant to the use of the accommodation and common parts.
What to do in case of abuse
If a neighbor constantly takes large groups to the pool and this causes discomfort, the first step is to check the condominium regulations. If there is a clear rule, it should be communicated to the administrator.
If the regulation is silent, condominium owners can request that the matter be discussed at a meeting. From there, more concrete rules can be approved to avoid new conflict situations.
The practical answer is simple: neighbors can take guests to the condominium pool if regulations allow. But there is no automatic right to take groups without limit, nor is there the same national rule for all buildings.
Before inviting friends or family, it is best to confirm the regulations, respect the capacity and ensure that guests do not take away from other residents the right to use the pool safely and peacefully.
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