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With the arrival of warmer weather, community swimming pools reopen their doors, and with them, a recurring question among owners resurfaces: ‘Do I have to pay for maintenance or a special assessment for the pool if I never use it?’
The legal answer is clear: yes, you are obliged to pay, even if you don’t use it.
Why do I have to pay if I don’t use it?
The key lies in the Horizontal Property Law (LPH), which governs relations between owners within a community. Article 9.1.e) of this law clearly states:
‘The obligations of each owner are: […] To contribute, in accordance with the participation quota established in the title or as specifically established, to the general expenses for the proper maintenance of the property, its services, charges and responsibilities that cannot be individualised.’
In other words, all owners must contribute to the common expenses, provided that these services cannot be individualised (as is the case with the use of a swimming pool). The fact that a neighbour decides not to use this facility does not exempt them from the duty to pay their proportional share of maintenance, cleaning, repairs or any extraordinary expenses.
What does case law say?
The doctrine of the courts is clear on this point. The Supreme Court, in several rulings (e.g. STS 19 December 2008, RJ 2009/1397), has reiterated that voluntary non-use of a common element does not exempt the owner from paying the associated expenses. Case law holds that these elements exist for all owners and form part of the property as configured in the Title Deed.
Furthermore, the Provincial Court of Alicante (Judgment of 19 May 2011) stated that:
‘Exemption from expenses requires express provision in the statutes or title deed, and the lack of use or the individual’s willingness not to enjoy the common service is not sufficient’.
Therefore, it is not enough to argue that one does not use the swimming pool to stop paying: the financial obligation arises from the fact of being a co-owner, not from actual use.
Can I refuse to pay if I live on the ground floor or do not have children?
No. This principle applies to all common services: gardens, entrances, lifts, garages… Even if they are not used, they remain common property and their maintenance is everyone’s responsibility. Thus, a neighbour who lives on the ground floor cannot refuse to pay for the lift, just as someone without a car cannot refuse to contribute to the costs of the garage if it is part of the common elements.
Are there any exceptions?
Yes, but they are very limited. An owner can only be exempted from paying certain expenses if there is an express provision in the statutes or in the community’s title deed. This generally requires the unanimous agreement of all owners and must be duly registered in the Land Registry.
If there is no such formal and duly documented exemption, the obligation to contribute remains. Attempting to stop paying on your own initiative may result in surcharges for non-payment and even legal proceedings by the community.
What about lifts?
In the specific case of lifts, if their installation or modernisation is requested to ensure accessibility for people over 70 years of age or with a recognised disability, the community is obliged to install them even if there is no majority vote, according to Article 10.1.b) of the LPH. In these cases, the maximum expense that can be passed on to each owner cannot exceed twelve ordinary monthly payments of common expenses, as stated in Article 10.1.b) and 10.3 of the same law.
Conclusion
If you live in a community of owners, being a co-owner implies rights… and also obligations. These include contributing to the maintenance of all common elements, even if you do not use them. This is established not only by the Horizontal Property Law, but also by the consistent interpretation of the courts.
If you have any doubts about your specific case or how it is regulated in your community, it is best to review the Title Deed and the Statutes. And if there is no express exemption, the duty to pay remains in force.
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