Swimming pool and condominium

POOL FOR THE ENTIRE CO-OWNERSHIP

A condominium swimming pool is considered a private pool for collective use since it is reserved for the members of the condominium only. It is the concept of use that takes priority over the concept of management.

The decision to build a swimming pool in a joint ownership involves convening a general meeting of the joint owners so that the decision is voted on by an absolute majority.

It will then be necessary to amend the internal regulations and then choose the type of pool desired and the professional who will be in charge of its construction. This will necessarily give rise to several meetings.

Then come the classic administrative formalities: Prior declaration of works when the size of the swimming pool is between 10 m² and 100 m² or application for a building permit if the size of the swimming pool is greater than 100 m² or if it is covered by a shelter whose height is greater than 1.80 m. The processing time for a prior declaration of works is 1 month and 2 months for a building permit.

The preliminary declaration of work or the application for a building permit is submitted to the town hall with a complete file including a detailed plan of the swimming pool and mentioning the positioning of the emergency equipment to be used in the event of an accident and certifying that the co-owners undertake to ensure that the hygiene and safety standards of the swimming pool comply with the reference standards. The file is also accompanied by the vote of the general meeting authorizing the construction of the swimming pool.

POOL BELONGING TO ONE OF THE CO-OWNERS

A private swimming pool for individual use may also be found in a condominium if one of the co-owners has private land on the condominium. In this case, the co-owner will not need to request prior authorization from the general meeting of co-owners. However, he or she must verify that the condominium regulations do not exclude this type of construction; otherwise, it will be necessary to amend the condominium regulations at a general meeting.

On the other hand, if the co-owner only benefits from exclusive use of the land, this right does not authorize him to build a swimming pool. He will then have to convene a general meeting in order to obtain the agreement of the other co-owners and request a modification of the internal regulations by double majority (the majority of co-owners representing at least two-thirds of the votes) since this implies a modification of the common parts of the co-ownership.

Finally, whether the swimming pool belongs to all the co-owners or to just one of the co-owners, it must be equipped with a safety device provided for by the law of January 4, 2004: alarm, pool cover, barrier or shelter. Whatever the device chosen, it must comply with the requirements of its reference standard (NF P 90-306: Barrier, NF P 90-307: alarm, NF P 90-308: cover / NF P 90-310: shelters).Previous