The agreements of the board of owners on the installation of the pool (common element): a jurisprudential review

Abstract

The decisions and agreements of the Board of Owners in a building on a horizontal property regime are always a nest of conflicts. When they affect the alteration of common elements or the installation of new elements, with a high cost that affects fees, even more. We are going to analyze in this paper the most recent jurisprudence around specific agreements: those related to the installation of a pool in a common area, with the problems derived from its use and payment of fees. It is intended to highlight the most important and problematic aspects that jurisprudence has collected in this regard.