Is our President right to stop us using the pool because we rent?
Just a quick question:
We are renting on a complex in Las Chafiras, and have been living there for over 2 years. To cut a long story short my husband fell out with the president of our complex cos we'd painted an outside wall pink for our girls. We didn't realise we couldn't do it and of course some nosey neighbour who obviously has nothing better to do with her time complained about itl Anyway the wall has now been painted back white to shut everybody up.
A couple of weeks ago our landlord was over from the UK and came round to see the president, and the president told him that because we are only renters and we don't own we are not allowed to use the swimming pool???!!! Funny how this has came up now AFTER my husband had an argument with him about the wall...
I just wanted to check with anybody on the forum if they knew if he was correct. As far as I'm concerned (and my landlord also) that we pay the same as everybody else does, regardless of whether we own or not, and therefore are entitled to use the facilities. I am just so mad and would not be responsible for my actions if one day my girls were using the pool and he tried to get them out of it!!!
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It was the same thing at my in-laws complex when they moved in there.
When they first moved in they were told they could use the pool, but only when the owners were not in it. If they were in the pool and an owner wanted to use it they had to get out and leave the area.
From what they have said, I don't think anyone has actually enforced this rule, as they have never had to leave. Good luck to anyone that did actually ask them to leave though!!
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The Following User Says Thank You to tendedburrito For This Useful Post:
seems to be a bit of an ongoing problem with presidents on complexes !
i know of one complex where the president has banned children from being in the pool with rubber ring vests on as he deemed these to be inflatables, also banned children from simming as they were splashing etc.
i would have thought that you were not the only "renters" on site and would ask if other people had been barred from the pool - if so why ? renters ? or personal gripe ?
demand reduction in rent/communal fees - that should get landlord moving !
hope this helps but sure many others more informed will post legalities etc.
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If you are living on a complex, you are resident on it, and it does not matter a jot whether you own or are renting the apartment. Community rules apply to RESIDENTS, not owners. So, just as you are bound not to alter the external appearance of an apartment ... just like an owner would be ... so you are allowed to make full use of all complex facilities.
The ONLY rules that might apply differently to you as tenants are those concerning animals, but even then, this would ONLY be true if it was in your tenancy agreement that you couldn't have them ... in other words, it would be of no more concern to the community or its president than it would if you were an owner.
You can take this as gospel, Nic. The president is breaking the law if he tries to prevent you using the pool. The law under which he is president is the law of Horizontal Division, and this is primarily concerned with behaviour ... and NEVER with the status of a resident.
I own an apartment and pay community fees for it and the pool 52weeks of the year. When I am not in my apartment and it is being rented to "friends or family" I have paid for the pool. As I am not in it when they are there I would be up in arms if anyone said they could not use it. This just cannot be done!!!
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I must admit that I did think we were right in saying that we could use the pool as we are paying our rent and the community fees, it's just obvious that he was being petty because of the wall.
He lives along the same strip as us too, so funny how a house on the other side of the complex have painted their wall DARK GREEN and have not been told to repaint this!!!
I think I'll go for a swim after work tonight!!!
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We quiered this with our administrators after the first AGM on our complex.
Some people were demanding only "owners" had rights... of access, use of pool etc etc.
Answer was all "residents" have full use of all communal areas and facilities be they resident for one day one week one month it matters not as long as they are resident on the complex either as owners, owners guests or tenants all have full rights.
On the other matter " Presidents" nor anyone else can make up or impose new rules. They can only be imposed by a majority vote at an official AGM or EGM
HTH
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If your community fees are paid then he can not stop you using the pool or other facilities. You are not the only ones that rent. Maybe he should concentrate on stopping people who owe community fees using the facilities first. Also, someone should let him know about the Green Wall, why should you be singled out just because your husband fell out with him and someone grssed on you. Good luck.
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