Comentario a la STS de 23 de mayo de 2022 (RJ 2022, 3354). La prohibición de uso de la piscina a titulares de una plaza de garaje pero sin vivienda en las comunidades de propietarios.

Resumo

The STS 411/2022 of May 23th includes its decision to support the prohibition of the use of the pool for the owners of the parking spaces who do not have a home in the community. The Supreme Court considers that the agreement of the owners' meeting is valid and that the swimming pool, as a common element and according to its purpose and nature, is not configured for the enjoyment of the owners of the parking spaces. In this sense, it is understood that former articles 394 and 396 each owner of the community can use the common things as long as he makes use of them according to their natural utility. In the opinion of the court, satisfying the recreational needs of the owners of the garages, exempt from paying community expenses derived from the maintenance of the swimming pool and sports area, does not constitute one of the functions of this common element.