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We have purchased an apartment in a community in Andalucia which contains many facilities including swimming pools, tennis courts, Jacuzzi etc.

Under Andalucian law it is apparently obligatory to have lifeguards by the pools. We are not even allowed to sign a disclaimer and accept responsibility because the presidents are terrified of being sued if there is an accident.

The Spanish residents ,who are the majority, always vote at the AGM for the pools to be open only during peak periods when they usually take their holidays. They think it will cost too much to open them for longer just for a minority

Therefore British residents who want to go over during the low season when the flights are cheaper and the weather is still hot, cannot use the pools because they are closed. More importantly some purchasers have bought properties as an investment and are losing  potential tenants. Many people bought their apartments specifically because of the swimming pools, This situation  was never mentioned in the Estate Agents brochure.  Could they be sued for misrepresentation?

Can you suggest a solution to this problem?

Many thanks for your help,

Tim Alston

email: timandshirley@supanet.com