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Can I use the communal pool if i only own a parking space in the community?

¿Puedo utilizar la piscina común si únicamente soy propietario de una plaza de garaje?

In some communities of owners, you can find cases in which a person owns a parking space but not a property. This raises doubts about the use of the communal elements, mainly those related to not essential activities as pools or tennis courts.

The Civil Room of the Supreme Court, in its judgement 67/2006, of February 2nd, already referred to this particular matter determining that being the owner of a parking space does not give the right to use the communal pools.  Furthermore, the Supreme Court clarified in the resolution that it is not necessary to approve the prohibition of use at the meeting

To conclude this legal reasoning, the Supreme Court states: “the use of a communal swimming pool must always be understood, by pure logic, as for the use and enjoyment of the owners of the community properties. Of course the owner of a parking space, who is not the owner of a home, can never use a common element of the community that has nothing to do with or serves for a better use of a parking space”.

Therefore, it is clear that being the owner of a parking space does not provide all the rights as a user of communal areas, avoiding situations of offence with respect to those who do own a home.

In any case, you should consult with professional and collegiate administrators when a similar circumstance arises.


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