Key Points
- Upkeep of the community pool corresponds to the community of owners when it is a common element (art. 10.1 LPH).
- Telefuga issues technical reports for the board and the insurer where the intervention requires it.
- What the community insurance covers depends on the policy; check its terms.
- Delaying action can worsen the damage.
Who pays when the community pool has a leak?
The community pool is a common element whose upkeep falls to the community of owners (art. 10.1 LPH), according to its title and statutes. Upkeep costs are shared according to participation quotas (art. 9.1.e LPH).
This article is a complete guide to the legal liability, the action protocol, insurance cover and the technical solutions for leaks in community pools. It is aimed at community presidents, property managers and any owner who wants to understand their rights and obligations.
Private pool vs. community pool: the legal difference
The distinction is fundamental because it determines who pays and how decisions are made.
Private pool (private element)
A private pool belongs to a single owner (usually part of a house or individual plot), who bears its maintenance and repair.
Community pool (common element)
The community pool is a common element of the building or development, governed by the Horizontal Property Law 49/1960 (LPH). Whether it is a common element depends on the title deed and statutes.
Article 10 of the Horizontal Property Act: what the law says
Article 10.1 LPH provides that the works necessary for the proper upkeep and conservation of the building and its common services and installations are mandatory and do not require prior agreement of the owners' meeting.
Practical implication: mandatory conservation works on common elements do not require prior agreement of the owners' meeting (art. 10.1 LPH).
How is the cost shared?
The cost of upkeep of common elements is shared among owners according to their participation quota (art. 9.1.e LPH).
More information: Telefuga expert report.
The role of the property manager
The property manager (administrador de fincas, or licensed administrator) is the central figure in managing a leak in a community pool. Their duties include:
- Receiving the report: any owner or the pool maintenance staff reports the suspected leak to the property manager.
- Assessing urgency: if the leak is serious, the property manager may order urgent repairs and must inform the chair immediately (art. 20.c LPH).
- Requesting quotes: ask specialised companies for quotes for pool leak detection.
- Managing the insurance: file a claim under the community policy and coordinate with the insurer's assessor.
Complete protocol: from suspicion to repair
This is the protocol we recommend at Telefuga, based on our experience with communities in Murcia, Alicante, Valencia, Albacete and Almería.
Step 1: Detect the suspicion of a leak
The most common signs of a leak in a community pool are:
- Water level drop of more than 5 mm/day (after allowing for evaporation)
- Need to top up more than twice a week in summer
- Damp in the plant room or technical room
- Loose or sunken tiles around the basin
- Visible cracks in the basin, the coping or the skimmers
- Irregular pressure in the filtration circuit
- Adjacent garden areas that are permanently damp
Step 2: Inform the property manager and the president
It is advisable to report the incident in writing (email, burofax (certified letter) or a written notice with a register entry) to keep a record. Include: description of the symptoms, photos or videos, date of detection and estimate of the water lost.
Step 3: Approval of the expense
There are two possible routes:
- Urgent route (art. 20.c LPH): the property manager may order urgent repairs and must inform the chair immediately.
- Ordinary route: mandatory conservation works do not require prior agreement of the owners' meeting (art. 10.1 LPH); other resolutions are adopted by the majorities set in art. 17 LPH.
Step 4: Hire Telefuga
Telefuga carries out leak detection in pools with professional technology:
- Pressure test: Pressurise each circuit (suction, delivery, drain, pool cleaner line) independently to isolate the circuit with the leak.
- Tracer gas: Injection of helium or hydrogen into the affected circuit to locate the leak without draining the pool.
- Infrared thermography: Detection of leaks in the basin through temperature differences on the water surface or the perimeter paving.
- Professional diver: Underwater inspection of the basin with autonomous equipment to find cracks, deteriorated joints and fitting anchors that are losing watertightness.
Step 5: Repair
The repair of pools depends on the type and location of the leak:
| Type of leak | Usual repair | Time |
|---|---|---|
| Crack in the basin (mosaic tiles) | Underwater epoxy sealing + replacement of mosaic tiles | 1-2 days |
| Break in the delivery pipe | Replacement of the section + pressure test | 1-3 days |
| Leak at the skimmer | Sealing or replacing the part | 1 day |
| Leak at the return nozzle | Resealing or replacing the nozzle insert | Half a day |
| General loss of waterproofing | Complete re-waterproofing (membrane or polyurea) | 5-15 days |
| Leak at the expansion joint | Sealing with flexible polyurethane | 1 day |
| Leak at the underwater light | Resealing the niche or replacing it | Half a day |
Step 6: Process the community insurance claim
This step is crucial and is often done badly.
Community insurance vs. individual insurance: who covers what?
This is one of the biggest sources of confusion.
Community insurance
The community may have a policy covering common elements; check its terms.
- Cover: depends on the policy. Check whether it includes detection, water damage and civil liability towards third parties.
- Repairs: depends on the policy. Check whether it includes the piping, the basin or the waterproofing.
- Exclusions: check in the policy whether it excludes wear and tear, lack of maintenance or defects that predate the policy.
Individual owner's insurance
Each owner's individual home insurance may respond, depending on its policy, when:
- The community pool leak has caused damage to their home (seepage into the garage, damp in the storage room)
- It may respond under the terms of the home policy; consult your insurer
- The community has no insurance for the pool
The Telefuga expert report: key document
The Telefuga expert report is the document the community needs.
Our report includes: photographs, location plans, pressure test results, technical diagnosis, cause of the leak, repair quote and preventive recommendations. It is a technical report for insurers and communities, where the intervention requires it.
Common mistakes communities make when a pool leaks
Mistake 1: Waiting for the annual meeting
A leak does not wait. A leak that persists for months wastes a very considerable volume of water. In addition, it worsens over time and can damage the structure of the basin, the surrounding waterproofing and nearby installations.
Mistake 2: Calling a general plumber
A plumber does not have leak detection equipment for pools. Their only option is to drain the pool (cost of water + time) and search visually. Draining and refilling the pool means a considerable water cost, as well as time with the pool out of service during the season.
Mistake 3: Topping up without repairing
Some communities choose to keep topping up so the pool stays operational without addressing the repair. This is a serious mistake: the water lost through the leak carries away salts and treatment chemicals, deteriorating the surrounding ground and possibly affecting foundations and underground garages.
Mistake 4: Not notifying the insurer in time
Policies usually set a deadline for reporting the claim to the insurer. Check the conditions of your policy for that deadline and report the claim as soon as possible.
Mistake 5: Not documenting the damage
Without photographic documentation and without an expert report, it may be harder to prove the extent of the claim to the insurer. A documented technical report helps to establish what happened.
The community's legal obligations: pool maintenance
In addition to the LPH, community pools are governed by specific regulations:
- Royal Decree 742/2013 (technical-sanitary criteria for public pools): sets requirements for water quality, facilities and maintenance. Non-compliance may lead to the penalties set by the applicable health legislation (art. 16).
- Regional rules: check your autonomous community's pool regulation.
Preventive maintenance of the community pool to avoid leaks
A preventive maintenance programme drastically reduces the risk of leaks.
Annual pre-season inspection (April-May)
- Visual inspection of the basin, coping, skimmers and nozzles
- Pressure test on all circuits
- Check of expansion joints and seals
- Waterproofing check (48-hour level test without use)
Every 5 years: professional audit
- Full inspection with a diver (even without suspicion of a leak)
- Assessment of the condition of the waterproofing
- Review of the plant room (pumps, filters, valves)
- General condition report with recommendations
Every 10-16 years: waterproofing renewal
The waterproofing of a pool (reinforced membrane, polyurea or epoxy paint) has a limited service life. Renewing it preventively is far cheaper than repairing the damage from a widespread leak.
When should the community consider replacing the entire pool?
In older community pools (more than 25-30 years old), repair is sometimes not economically viable. Signs that the pool needs a full renovation:
- Recurring leaks that reappear after repair
- Generally deteriorated waterproofing
- Basin structure with multiple structural (not surface) cracks
- Fibre-cement or lead pipes (obsolete materials)
- Accumulated repair costs approaching those of a full renovation
In these cases, Telefuga issues a feasibility report comparing the cost of continued repair with full renovation, which serves as the basis for decision-making at the owners' meeting.
Communities with pools in Murcia, Alicante, Valencia, Albacete and Almería
The Mediterranean coast is the area of Spain with the highest density of community pools: tourist urbanisations, second-home residential developments and apartment complexes. Telefuga covers all 5 provinces with its own team and a specialised service for communities and insurance.
Some local particularities:
- Torrevieja / Orihuela Costa (Alicante): Very high density of urbanisations with community pools, many of them over 20 years old. High demand for detection and repair.
- La Manga / Mar Menor (Murcia): Saline ground and a high water table that accelerate the corrosion of metal components and deteriorate the waterproofing.
- Almería / Roquetas de Mar: Mains water with high salinity that affects joints and mosaic tiles.
- Albacete: Winter frosts that damage pipes and equipment if the pool is not properly winterised.
- Valencia coast: Tourist urbanisations with intensive use in season and insufficient maintenance out of season.
Conclusion
A leak in the community pool affects the whole community of owners, both economically and legally. The Horizontal Property Law provides that mandatory conservation works do not require prior agreement of the owners' meeting (art. 10.1 LPH), and that the property manager may order urgent repairs (art. 20.c LPH). Telefuga offers professional detection without draining the pool, repair and a technical report for the community.
The key to minimising the cost and making the insurance process easier is to act quickly and with specialist professionals. At Telefuga, with 4.8/5 on Google and experience since 2010, we offer professional detection without draining the pool, repair and a technical report for the insurer where the intervention requires it.
Does your community have a leak in the pool? Request a free quote or call us. Every day that passes without repair, the community loses water and money and faces legal risk.
