By DAISY SAMPSON
daisy.sampson@the-resident.com
A SWIMMING pool in a development near the centre of Vilamoura has fallen into a state of disrepair, undermining efforts by campaigners to raise awareness about the risks surrounding private pools and posing a serious danger to anyone visiting the development.
The Aldeia do Mar complex is less than 500 metres from Vilamoura marina and is one of the oldest developments in the resort. People still live and holiday in the complex, however, the central area where a bar, shop, restaurant and swimming pool stands has been abandoned and, as a consequence, has been heavily vandalised with the swimming pool now containing stagnant water and debris.
Aldeia do Mar is private property, and there are signs to indicate this, but the sign nearest the swimming pool is obscured from view by shrubbery and the barriers in this area of the development are difficult to see and in poor condition.
Due to the state of the barriers, it would be easy for a person to trespass unwittingly into the complex and put themselves in danger because the owners at the development have failed to preserve the property boundaries.
This could be interpreted under Portuguese law as a preservation defect and the owners would be liable for claims made by a person injured at the pool.
A tourist who was staying in one of the houses looking onto the pool area told The Resident: “This is our second year staying in this house and we like it because it is close to the beach and very quiet. I would like to see the area refurbished but I do feel safe here. I have never seen anything threatening and it doesn´t worry me the condition of the development.”
Maria Nunn is responsible for renting a property on the development and advertises the property on the internet. She told The Resident: “I always inform people that there is no pool to use in the development so we never get many rentals on the property. To be honest, it is mainly Portuguese tourists that use Aldeia do Mar and they are aware of the condition of the development.
“I know there is an association responsible for coordinating the owners but the office is rarely open for people to talk about problems in the area. It is still a nice place to stay though if you want to be in the centre of Vilamoura and not pay high rental costs.”
Responsibility
A real estate agent in the area told The Resident: “Basically nobody is responsible for the area. There was an administration responsible for the condominium but they were removed by the owners in January. Now there is a new association who is trying to rectify problems in the development.”
After numerous attempts to contact the Associação dos Proprietários da Aldeia do Mar, the new association coordinating the Aldeia do Mar, nobody was available to comment about the swimming pool and the danger it poses to the public.
Legally, the responsibility of the swimming pool in the development lies with the owners of the properties in the condominium.
Litigation lawyer Filipe Herdeiro from Lisbon based law firm Neville de Rougemont and Associados told The Resident: “Portuguese Property Law states that the communal areas are the responsibility of the several owners of the different properties. Even though there is no condominium or administration, if we were to hold someone responsible, we could indict the owners.”
Lusort, the company responsible for the Vilamoura resort, failed to comment about the situation at Aldeia do Mar.
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