Společné prostory v bytových domech

Legal Framework for Wellness Areas – The Stumbling Block of the Entire Project

According to Section 1160 of the Czech Civil Code and the subsequent Government Decree No. 366/2013 Coll., the common parts of an immovable property are those parts that, by their nature, are intended to serve the unit owners jointly. This category undoubtedly includes areas such as a swimming pool, sauna, and fitness centre, unless they are explicitly defined in the Owner's Declaration as an accessory to a specific residential unit, which is extremely rare in practice.

This status gives rise to a fundamental principle: every unit owner has the right to use the common parts, but in doing so, they must not unreasonably restrict or impede the use by other owners. This principle is absolute and applies to all common parts, from hallways to technologically complex wellness zones. Even merely leaving personal belongings in a common hallway is considered an unauthorised infringement on the property rights of others, and this applies all the more to any unauthorised usurpation or blocking of wellness facilities.

Strategic Models of Use and Their Implementation in the Owner's Declaration

It is in the Owner's Declaration that the developer must define, with utmost precision, how the wellness areas will be used. This choice is not a mere operational detail; it is a key strategic decision with far-reaching legal and financial implications. 

The Owner's Declaration is the fundamental "constitution" of the building, defining the rights and obligations associated with the units and common parts. Amending it later is exceptionally complicated. It requires not only the consent of a majority of votes of all unit owners but, crucially, the consent of those owners whose rights and obligations are directly affected by the change. 

Moreover, if the units are encumbered by a lien, the consent of the lien creditors, typically banks, is also necessary. Going through this process in a building that is already sold out and occupied is administratively and organisationally extremely demanding, if not impossible.

In contrast, the Articles of the Unit Owners' Association (UOA) and the subsequent Operating Rules can be amended much more easily, usually by a decision of the assembly. Therefore, if a developer defines the wellness area in the Owner's Declaration as a space intended for use by all owners, it will be practically impossible to later restrict access only to paying users. 

Such a step would constitute a fundamental interference with the acquired rights of the owners, which are firmly anchored in the Declaration and registered in the Land Registry. The choice of the usage model must therefore be made at the very beginning and must be formulated in the Owner's Declaration in an unambiguous and legally watertight manner.

There are two basic models:

Model 1: Common Use by All Owners

• Description: The wellness zone is designed as a standard part of the common areas, accessible to all unit owners and members of their households. The costs of its operation are covered from common funds, typically from contributions to the management of the building and land (the "repair fund").

• Implementation in the Owner's Declaration: In the Declaration, the pool, sauna, and fitness areas are clearly identified (e.g., by space number, area) and defined as "common parts serving for the use of all unit owners". The Declaration may contain a general reference that more detailed rules of use and management will be regulated in the UOA's Articles and the Operating Rules.

• Advantages: This model is the most administratively simple. It promotes a community-oriented living environment and represents a clearly defined benefit for all residents.

• Disadvantages: The main disadvantage is perceived unfairness. Owners who do not use the wellness zones for any reason (health condition, lack of interest, time constraints) are forced to contribute to their costly operation through their contributions to the building's management, which are calculated based on their co-ownership share. This can be a source of latent tension within the UOA.

Model 2: Exclusive Use or Paid Access

• Description: This model restricts access to the wellness zone. Either the right of use is granted exclusively to certain, typically premium, units, or access is conditional on the payment of a specific fee, similar to a membership fee in a commercial club.

• Implementation in the Owner's Declaration: This model requires exceptionally careful legal wording. It is necessary to avoid a structure that could be legally challenged.

• Legal Purity of Charging Fees: The concept of "renting" a common part to a unit owner is legally problematic. Logically, an owner cannot rent something they already own by virtue of their co-ownership. Similarly, a model of "exclusive use for a fee" may face legal uncertainty. The cleanest and safest way is to define the operation of the wellness zone not as the management of a common part, but as the provision of an above-standard, paid service by the UOA to its members. Act No. 67/2013 Coll., on services, clearly distinguishes between contributions for building management (paid by all according to their share) and advances for services (paid only by those who use the given service).

• Necessary Wording in the Declaration: The Owner's Declaration must explicitly contain a provision that authorises the UOA to provide such an above-standard service (wellness operation) and to bill its costs separately from the costs of building management, exclusively among those owners who express interest in this service and conclude a relevant agreement with the UOA or register in the system. Without such authorisation in the Declaration, the UOA would have no legal basis for collecting separate fees.

Do you need an Owner's Declaration prepared? We will draft it with a binding deadline and a price known in advance — you can find details and an indicative calculator at https://prohlasenivlastnika.cz.

Advanced Alternative: Establishing an Easement of Use

For the luxury segment of residential projects, where guaranteed and indisputable access to wellness is a key selling point, there is an even more robust legal instrument – the establishment of an easement.

• Description: Instead of defining the right of use in the Owner's Declaration, an easement (formerly a real encumbrance) of use of the wellness areas can be established in favour of each (or only selected premium) residential unit.

• Legal Framework: This procedure is based on Section 1257 et seq. of the Czech Civil Code. An easement is a right in rem that is registered directly in the Land Registry as an encumbrance on the land (and thus the building) and in favour of the entitled unit. This right is inseparably linked to the ownership of the unit and passes to every subsequent acquirer.

• Advantages: It provides the buyer with the maximum possible legal certainty. The right to use the wellness area is registered in the Land Registry and cannot be cancelled or restricted by a mere decision of the UOA assembly.

• Disadvantages: The main disadvantage is the administrative and technical complexity of its establishment. Registering such an easement in the Land Registry can be complicated, especially regarding precise spatial definition. This instrument also offers less flexibility for future changes in operation. Moreover, some financing banks may perceive an additional real encumbrance on the property as an increased risk, which could theoretically complicate mortgage financing for buyers.

• Recommendation: Establishing an easement is worth considering for exclusive projects where the goal is to provide buyers with an absolute and indisputable guarantee of access.

Relationship between the Owner's Declaration and the UOA's Articles after the Amendment of 1 July 2020

The amendment to the Czech Civil Code, effective from 1 July 2020, brought a fundamental clarification and a strict separation of two key documents – the Owner's Declaration and the UOA's Articles. The Articles may no longer be part of the Declaration. If this were to happen, the Declaration itself would remain valid and units could be registered in the Land Registry based on it, but a UOA cannot be properly established and function based on such incorporated articles.

This has an important practical impact for the developer. As the sole owner of all units in the building, the developer establishes the UOA and adopts its first Articles. This act is simpler after the amendment – a simple signature of the developer is sufficient, and the form of a notarial deed is not required.

Recommendation for the optimal division of roles between the documents:

• Owner's Declaration: Should contain only the basic, fundamental, and long-term unchangeable rules. Specifically for wellness, this means:

• Precise identification and definition of the wellness zone areas as a common part.

• Definition of the basic model of use (for all vs. a paid service).

• Establishment of the basic financing model (part of building management vs. a separate service).

• UOA's Articles: Should regulate the procedural and organisational rules of management, i.e., "how" decisions about the wellness area will be made and how it will be managed. Specifically:

• Defining the powers of the assembly (approving the budget, Operating Rules, contracts with suppliers).

• Defining the powers of the statutory body (operational management, supervision, handling complaints).

• Setting the quorum for making decisions concerning the wellness area.

This strict separation gives the future UOA the necessary flexibility to adjust operational details without having to interfere with the rigid structure of the Owner's Declaration.

Setting Up Management and Operation in Key Documents

After correctly anchoring the wellness zone in the Owner's Declaration, the next step is to create a clear and functional framework for its daily management and operation. This framework consists of two subsequent documents: the UOA's Articles and the Operating Rules. While the Articles define who decides and how, the Operating Rules set out specific rules for the users themselves.

UOA's Articles – The Framework for Decision-Making

The Articles are a key document that determines the internal organisation and decision-making processes in the UOA. For the wellness area, it is essential to explicitly and unambiguously define the powers of the individual UOA bodies to prevent future competence disputes and ambiguities.

Powers of the Assembly

The assembly, as the supreme body of the UOA, should have the exclusive authority to decide on fundamental and strategic issues concerning the wellness area. The developer should stipulate in the first Articles that the assembly approves:

• The budget for the operation of the wellness zone: Ideally as a separate and transparent chapter in the overall UOA budget. This will allow owners clear control over costs.

• The method of cost allocation: Whether it is allocation within the management contributions or as a separate service, the specific key (e.g., by share, flat rate per unit) must be approved by the assembly.

• The Operating Rules and their substantial amendments: The approval of the first Operating Rules and any of their future fundamental modifications (e.g., changing operating hours, introducing new restrictions) should be within the competence of the assembly.

• Contracts with external suppliers: Concluding, amending, or terminating contracts for key wellness services (e.g., specialised cleaning, pool technology maintenance, booking system management) exceeding a predetermined financial limit (e.g., CZK 50,000 per year) should be subject to the assembly's approval.

Powers of the Committee/Chairman

The statutory body (committee or chairman) should be entrusted with the operational management and daily administration of the wellness zone within the limits set by the assembly. The Articles should entrust it with, in particular:

• Ensuring routine maintenance and inspections: Ordering regular servicing, inspections of technical equipment (HVAC, filtration, sauna heaters), and minor repairs in accordance with the approved budget.

• Monitoring compliance with the Operating Rules: Supervising user behaviour and addressing rule violations.

• Resolving common complaints and incidents: Being the first point of contact for owners in case of problems, defects, or conflicts.

• Selecting suppliers: Conducting tenders and concluding contracts with suppliers within the financial limits approved by the assembly.

Careful setting of these powers is crucial for preventing future paralysis of the UOA. The developer should avoid setting overly strict decision-making requirements, such as the need for 100% consent of all owners for any change. Such a provision can in practice completely block any meaningful adjustment of operations, necessary investment in repairs, or modernisation of equipment. 

Case law from courts resolving disputes within UOAs shows that vaguely defined powers and unrealistic voting conditions are a frequent source of conflicts that can result in legal proceedings over the validity of assembly resolutions. A reasonably set majority for routine operational decisions is the key to functionality.

Risks Associated with Incorrect Legal Setup

Operating Rules – The Detailed Rules of the Game

The Operating Rules are an indispensable document that transforms the general principles from the Articles into specific, understandable, and enforceable rules for the daily behaviour of users.

• Legal force and flexibility: From a legal perspective, the Operating Rules are a subordinate document. They must not conflict with the UOA's Articles, and certainly not with the Owner's Declaration. However, their greatest advantage is flexibility. Unlike the Articles, whose amendment requires a formal process at the assembly, the Operating Rules (if the Articles allow) can be changed more operationally, for example, by a decision of the committee, which allows for a quick response to new operational needs or problems.

• Necessity: The existence of detailed and well-known Operating Rules is essential for ensuring three key areas:

• Safety: It minimises the risk of injuries by setting clear rules for the use of equipment.

• Hygiene: It defines hygiene standards of behaviour, which are crucial especially in the pool and sauna areas.

• Conflict prevention: Clearly defined rules limit the scope for subjective interpretations and neighbourly disputes about what is and is not "reasonable" behaviour.
  Last but not least, the Operating Rules are a key piece of evidence in the event of an injury or a claim for damages. It proves that the UOA (as the operator) has established safety rules and the user was obliged to follow them.

Recommendation for the developer: Although the final approval of the Operating Rules will be up to the future UOA, it is in the developer's best interest to prepare and hand over a first, very detailed, and professionally drafted version of this document to the newly established UOA. This step has several advantages:

• Setting a high standard: The developer shows professionalism and demonstrates that they have thought about all aspects of operation.

• Facilitating the start for the UOA: The first committee, often composed of lay volunteers, receives a quality document that they can adopt with minimal adjustments. This saves them time, money for legal services, and prevents a period of chaos after taking over the building.

• Protecting the investment: Well-established rules from the very beginning protect the expensive technology and equipment of the wellness zone from damage due to improper use.

Creating the Operating Rules: A Practical Guide

Quality Operating Rules must be detailed, understandable, and cover all foreseeable situations. They should be structured into a general part applicable to the entire wellness zone and specific parts for individual facilities. Inspiration can be drawn from the operating rules of commercial fitness and wellness centres, which are proven by practice and address a wide range of situations.

General Provisions (Common to All Zones)

This section establishes the basic framework and rules applicable regardless of which part of the wellness zone a resident is currently using.

• Purpose and binding nature: At the very beginning, it is necessary to clearly state that the purpose of the rules is to ensure safe, hygienic, and conflict-free operation. It must be stipulated that the rules are binding on all unit owners, members of their households, tenants, and also their potential guests, for whom the owner is fully responsible. An important wording is that by entering the premises and using the access system (e.g., a chip card), the user confirms that they have familiarised themselves with the Operating Rules and agree to them.

• User responsibility: It is crucial to explicitly state that every user uses all facilities at their own risk and is fully responsible for their health condition. The rules should contain a provision that the UOA as the operator is not liable for personal belongings left in changing rooms or other areas (valuables, money, mobile phones). Furthermore, it must be stipulated that the user is obliged to pay for all damages they demonstrably cause to the facilities and equipment of the wellness zone.

• Operating hours: The opening hours for each day of the week must be clearly defined. It is practical to reserve the right to temporarily close the premises for necessary maintenance, sanitation, or repairs, of which the UOA will inform in sufficient advance.

• Access system: It is necessary to describe how access is managed (e.g., keys, chip cards, code). This must include rules for the loss or damage of the access medium, including setting a fee for issuing a new one.

• Age restrictions and children: It is essential to establish clear rules for the movement of children. A common standard is that persons under 15 years of age may enter the premises only when accompanied by an adult (over 18), who assumes full responsibility for them throughout their stay and does not leave them unattended. For certain zones, such as the sauna or whirlpool, stricter age restrictions or a complete ban on entry for the youngest children may apply.

• General prohibitions: This section should contain a list of activities that are strictly prohibited throughout the wellness area. This includes, in particular: smoking and handling open flames, consuming one's own alcoholic beverages and other intoxicants, bringing in animals, bringing in glass objects (bottles, glasses) and other dangerous objects (sharp edges, needles).

• Reporting defects and injuries: Every user must be obliged to immediately report any detected defect in the equipment, damage to the facilities, or any injury (their own or another's) to the designated person (committee member, building manager). Contact details for such reports must be provided. The use of equipment that shows an obvious defect must be explicitly prohibited.

• Sanctions: The Operating Rules should also define the consequences of their violation. The range can extend from a verbal warning to a written reprimand, up to the temporary blocking of the access card for repeated or serious offences. The possibility of imposing a financial penalty must be explicitly enabled in the UOA's Articles.

Specific Rules for Individual Zones

Each part of the wellness area has its specifics that require its own set of rules. It is necessary to consider different requirements for hygiene, safety, and user behaviour.

Fitness Centre

• Equipment and order: Prohibition of any modifications or moving of exercise machines. Obligation for users to return all equipment (dumbbells, plates, mats) to its designated place after exercise. Prohibition of placing dumbbells on the upholstered parts of machines.

• Hygiene: Absolute obligation to use a towel during exercise, which is placed on the backrests and seats of the machines. Obligation to use clean and sturdy sports shoes intended only for indoor use. It is recommended to place disinfectants with paper towels in the fitness area and to establish an obligation to wipe down the contact surfaces of the machine (handles, seat) after use.

• Safety: Users are obliged to use a load corresponding to their current abilities. When exercising with free weights (barbell), the use of safety stops and spotting by another person is recommended.

• Noise: Establishment of rules to limit excessive noise, especially the prohibition of loud expressions and inconsiderate dropping of dumbbells and weights on the floor. Operating hours should take into account possible disturbance to apartments at night.

• Access for children: Access is typically permitted for persons aged 15 and over; younger individuals may exercise only under the full supervision of an adult who assumes all responsibility for them.

Swimming Pool

• Hygiene: The key rule is the obligation to shower thoroughly with soap without swimwear before each entry into the pool and after each use of the toilet. Entry to the pool is permitted only in swimwear made of close-fitting and non-absorbent material; various shorts, bermudas with pockets, etc., are prohibited. For small children, if their entry is permitted, the use of special swimming nappies with a tight elastic band is required.

• Safety: In the entire pool area and adjacent wet zones, running is strictly prohibited due to the high risk of slipping. It is also necessary to prohibit jumping into the water (if the depth and dimensions of the pool do not allow it), pushing, and dunking other people.

• Health restrictions: It is necessary to explicitly prohibit entry to the pool for persons suffering from contagious skin or other diseases, persons with open wounds, or persons under the influence of alcohol or drugs.

• Access for children: Children under 12-15 years of age should have access only with adult supervision. For the youngest children, further restrictions or designated hours may apply.

Sauna

• Hygiene: The basic rule is to enter the heating room without swimwear. Every user is obliged to have a sufficiently large sheet or towel to place under their entire body, including their feet, to prevent sweat from coming into contact with the wooden benches. It is mandatory to shower before entering the sauna and after each sauna cycle before entering the cooling pool.

• Safety: Prohibition of pouring anything other than clean water or designated essences in a reasonable amount onto the sauna heater. Prohibition of drying clothes or towels near the heater. Prohibition of manipulating the temperature and humidity controls (if not intended for user operation).

• Sauna rules: The rules should include recommendations for the correct sauna procedure: recommended length of stay in the heating room (e.g., 8-15 minutes), the necessity of subsequent cooling (shower, pool), and the inclusion of a rest phase. It is recommended to complete a maximum of 3 sauna cycles.

• Health restrictions: Due to the high strain on the cardiovascular system, the rules should strongly recommend that persons with heart disease, high blood pressure, and other serious illnesses consult the suitability of sauna use with their doctor.

• Behaviour and access for children: Quiet should be maintained in the sauna to ensure the relaxation of others. For hygienic and health reasons, entry is typically age-restricted (e.g., from 12 years).

Financing Operations and Fair Cost Allocation

One of the most common sources of disputes in a UOA is finances. The operation of a wellness zone is very cost-intensive, and without a clearly defined, fair, and legally watertight financing model, it will sooner or later become a trigger for conflicts. The developer must establish this model in the Owner's Declaration and prepare the necessary documentation for the future UOA for its correct implementation.

Analysis of Operating Costs

The first step is a realistic analysis of all costs associated with the operation. These can be divided into several categories:

• Energy: This is the most significant item. It includes electricity for operating fitness machines, lighting, HVAC, pool filtration and pumps, and especially for heating the sauna. Also, costs for gas or heat for heating the water in the pool and showers.

• Water and sewage: Costs for refilling and replacing water in the pool, operating showers, and cleaning.

• Chemicals and consumables: Regular purchase of chemicals for treating and disinfecting pool water, cleaning and disinfecting agents for cleaning, and possibly consumables like paper towels.

• Maintenance and service: Costs for regular servicing and maintenance of technologies (filtration, HVAC, sauna heaters, fitness machines), which are necessary to ensure their functionality and safety.

• Inspections and checks: Legally and technically prescribed inspections and checks (e.g., of electrical equipment, pressure vessels, water quality).

• Repairs and renewal: Costs for unplanned repairs and the gradual creation of a reserve for the future renewal and modernisation of expensive equipment.

• Management and personnel: In larger projects, costs for an external manager, receptionist, or lifeguard may also arise. Even in smaller projects, administrative costs for accounting and billing must be considered.

Legal and Accounting Difference: Contribution to Management vs. Advance for Services

The Czech legal framework strictly distinguishes between two types of payments that unit owners make to the UOA. Confusing them or using them incorrectly is a fundamental error that can lead to the invalidity of billing and legal disputes.

• Contribution to the management of the building and land (colloquially the "repair fund"):

• Purpose: It is intended to cover costs associated with the management, maintenance, and repair of the common parts of the building. These funds are used to pay for, for example, repairs to the roof, facade, lift, building insurance, remuneration for committee members, or fees for a management company.

• Payers: All unit owners are obliged to pay this contribution, in an amount corresponding to their co-ownership share in the common parts.

• Billing: The law does not require the UOA to individually bill these contributions annually and return any unspent balances. It is the creation of a long-term reserve that is the property of the UOA and is not transferred to a new owner upon the sale of a flat.

• Advance for services:

• Purpose: It is intended for the payment of specific services associated with the use of the units. Act No. 67/2013 Coll. provides an illustrative list of services such as the supply of heat and hot water, supply of cold water, lift operation, cleaning of common areas, etc.

• Payers: Advances are paid only by the recipients of the given service.

• Billing: The UOA, as the service provider, has a legal obligation to carry out an allocation of actual costs after the end of the billing period (typically a calendar year) and then deliver a bill to each service recipient. Any overpayments and underpayments must be financially settled.

From this division follows a fundamental and often underestimated legal fact: the financing model for the wellness area must be in complete harmony with its legal definition in the Owner's Declaration. Any discrepancy is a ticking time bomb. For example, if the wellness area is defined in the Declaration as a paid service available only to interested parties (Model 2), it is absolutely inadmissible to pay for its operating costs from the "repair fund," to which everyone contributes. 

An owner who does not use the wellness area could successfully argue in court that their money is being used contrary to the law and the purpose of the management contribution. Conversely, if the wellness area is defined in the Declaration as a standard common part for everyone (Model 1), the operation of which is part of the building's management, the UOA cannot demand additional fees from owners for entry. The right to use is in such a case already "pre-paid" as part of the regular management contribution.

Application Models of Financing

Following the chosen model of use (see Chapter 1), a corresponding model of financing and cost allocation must be selected.

Model A: Allocation According to Co-ownership Share

• Application: Suitable exclusively for Model 1 (use by all).

• Principle: All operating costs for the wellness area are considered costs of managing the building and land. They are included in the overall UOA budget and allocated to individual owners according to the size of their co-ownership share, just like, for example, the costs of roof repair.

• Advantages: The most administratively simple model.

• Disadvantages: Potentially unfair to those who do not use the wellness area.

Model B: Allocation as a Service

• Application: Suitable exclusively for Model 2 (paid access).

• Principle: The operation of the wellness area is defined as a separate, paid service. The costs are allocated only among those owners who have subscribed to this service.

• Allocation key: The method of allocation must be approved by the assembly. The options are:

• By the number of persons in the household: Unsuitable for wellness, as the level of use is usually not related to the number of people.

• Flat rate for each registered unit: Administratively simple and transparent. Each unit that wants to use the wellness area pays the same monthly flat fee.

• According to actual use: The fairest, but technically and administratively the most demanding. It requires an investment in an access system that can measure usage.

Model C: Hybrid Model with a Chip System

• Application: An advanced variant of Model 2.

• Principle: This model combines a flat-rate and a consumption-based component.

• Fixed costs (e.g., a flat-rate portion of the costs for service, inspections, cleaning, basic tempering) are allocated in the form of a fixed monthly fee among all registered users.

• Variable costs (especially energy for sauna operation, pool reheating, operation of cardio machines) are charged based on actual use, which is precisely monitored via chip cards. For example, a user "beeps" to turn on the sauna, and the system charges them a fee for each minute of operation started.

• Advantages: Maximum degree of fairness – everyone pays for what they actually consume. This model also motivates users to behave economically and responsibly.

• Disadvantages: Higher initial investment in an intelligent access and monitoring system and a more administratively demanding process of monthly billing.

Regardless of the chosen model, it is highly recommended that the developer prepares a draft internal directive for the allocation of service costs for the future UOA, where the model for the wellness area will be described in detail and in an understandable way. This document, approved by the first assembly, will become a binding basis for the manager and accountant and will significantly reduce the risk of future ambiguities and disputes.

Liability, Insurance, and Risk Management

Operating a wellness zone entails an increased level of risk, whether it be technical failures, user injuries, or property damage. The correct establishment of liability relationships and comprehensive insurance are therefore absolutely crucial for the protection of both the developer and the future UOA and its members.

Developer's Liability for Defects

In the initial phase after the completion and handover of the building, the developer bears full liability for defects.

• Scope of liability: The developer is liable for all defects in the common parts, which includes not only the building structures but also all wellness zone technologies (filtration systems, HVAC, sauna heaters, fitness machines). This liability applies for the entire statutory or contractually extended warranty period.

• Right to claim: An important fact, confirmed by the case law of the Supreme Court, is that every individual unit owner has the right to claim for defects in the common parts, even a minority owner. They do not have to wait for the UOA assembly to agree on a joint procedure. Although the amendment to the Czech Civil Code introduced into Section 1196(2) the possibility for the UOA to represent owners in exercising rights from defects, this right does not replace or limit the individual right of each owner.

• Recommendation for the developer: To minimise disputes and build a good reputation, it is essential to create a transparent and effective claims process. When handing over the building to the first UOA committee, it is necessary to provide complete technical and project documentation for all technologies, including warranty certificates, operating manuals, and contacts for service companies.

Transfer of Liability to the UOA

After the warranty periods expire, full liability for the safe and proper operation of the wellness zone transfers to the UOA.

• Liability of the UOA as a legal entity: The UOA is the person responsible for the management of the building and land. As such, it is liable for any harm (to health or property) that arises as a result of a breach of this duty. This typically applies to injuries caused by defective or unmaintained equipment, slipping on a wet and uncleaned floor by the pool, or health problems caused by a breach of hygiene regulations (e.g., contamination of pool water). Case law repeatedly confirms that the UOA has an active duty to ensure necessary repairs and maintenance of the common parts.

Personal Liability of UOA Committee Members

The greatest and often underestimated risk lies in the personal liability of the members of the UOA's statutory body (the committee or chairman).

• Duty of due managerial care: Committee members are obliged to perform their function with the due care of a prudent manager. If they breach this duty and cause damage to the UOA or a third party, they are personally liable for it.

• Nature of liability: This liability, according to the law and established case law, is:

• Objective: A committee member is liable for damage regardless of fault. They do not have to act intentionally; negligence is sufficient. The burden of proof is on them – they must prove that they acted with the due care of a prudent manager.

• Unlimited: A committee member is liable for the damage caused with their entire personal assets.

• Joint and several: All committee members are liable for the damage jointly and severally. The injured party can claim the full amount from any one of them.

The operation of a technologically and safety-demanding wellness zone dramatically increases the risk profile for committee members. It is no longer just about ordinary administrative and financial decisions. Neglecting a mandatory inspection of pool technology, ignoring a repeatedly reported defect on a treadmill, or failing to comply with hygiene standards for water quality – these are all situations that can lead to a serious injury or permanent health consequences. 

In such a case, committee members can be held personally and unlimitedly liable for the resulting harm. This risk is so significant for voluntary and often unpaid committee members that without adequate insurance, it can be very difficult for a developer to find willing and competent candidates for the first committee among the new owners.

The Necessity of Comprehensive Insurance

The only effective way to manage these risks is to arrange a comprehensive insurance program. This should include three basic pillars:

1. Property Insurance (for the residential building): This insurance must be set to the correct sum insured (corresponding to the cost of rebuilding the house) to avoid underinsurance. In addition to standard natural peril risks (fire, flood, windstorm), for a building with a wellness zone, it is necessary to remember specific additional insurance coverages:

• Water damage: Coverage for damage caused not only by a burst pipe in an apartment but also by a failure of the pool technology plumbing, including reimbursement of costs for leaked water.

• Machinery and electronics insurance: Coverage for damage to expensive technologies (pumps, filtration, HVAC, control units, fitness machine motors) as a result of a short circuit, overvoltage, or mechanical failure.

• Vandalism: Coverage for damage caused by intentional destruction in common areas.

• Glass insurance: Extended coverage for the breakage of large glazed surfaces.

2. Public Liability Insurance from Property Ownership: This insurance covers the UOA as a whole for cases where, in connection with the management of the building, it causes harm to the health or property of a third party. A typical example is a visitor slipping and getting injured on a wet floor by the pool, a loose tile falling from the facade onto a parked car, or a fire spreading from the common areas to a neighbouring property.

3. Directors and Officers Liability Insurance (so-called D&O insurance): This insurance is absolutely key. It covers financial loss caused to third parties or the UOA itself as a result of a faulty decision or negligence by committee members in the performance of their duties. It directly protects the personal assets of committee members from claims for damages. For a building with a wellness zone, this insurance is an absolute necessity.

A professional and forward-thinking step is to arrange the first comprehensive insurance package for the building even before handing it over to the first owners. The developer then hands this insurance policy over to the new UOA along with a strong recommendation for its regular review and updating, so that it always corresponds to the current value of the building and the extent of the risks.

Dispute Prevention

In addition to insurance, active prevention is also important. One of the frequent sources of conflict is noise from the fitness centre (dropping weights, thudding of treadmills).

• Legal basis: This is a matter of so-called immissions, regulated in Section 1013 of the Czech Civil Code. An owner must refrain from anything that causes noise to enter another owner's property to an extent that is unreasonable for the local conditions and substantially restricts its usual use.

• Defence options: The affected owner can file a so-called neighbourly (negatory) lawsuit, either directly against the source of the noise (another owner) or against the UOA if it is inactive and does not address violations of the rules in the common areas. In certain cases, the UOA as a legal entity can also file a lawsuit for protection against noise.

• Recommendation for the developer: The best prevention is to address this problem already in the project phase. Thorough acoustic insulation of the floor and walls of the fitness centre (using special anti-vibration pads and materials) is an investment that will pay for itself many times over in the form of trouble-free coexistence. Furthermore, it is necessary to establish clear rules for noise reduction in the Operating Rules (e.g., a ban on dropping weights).

Operational Risks and Liability

Compliance with Technical and Hygienic Regulations

The operation of swimming pools and saunas is subject to strict hygienic and technical standards in the Czech Republic. Failure to comply with them represents not only a risk of financial penalties from public health protection authorities (hygienic stations) but, above all, a serious threat to the health of users. The developer must ensure that both the project and the actual implementation of the wellness zone are in full compliance with current legislation.

The Key Regulation: Decree No. 238/2011 Coll.

The key legal regulation in this area is the Ministry of Health Decree No. 238/2011 Coll., on setting hygiene requirements for swimming pools, saunas, and hygiene limits for sand in the sandpits of outdoor playgrounds.

Although this decree primarily focuses on publicly accessible commercial facilities, its relevance for wellness zones in residential buildings is indisputable. A pool and sauna in a residential building for tens or hundreds of residents do not, from an epidemiological point of view, represent a private pool of one family, but a facility with collective use, which carries similar risks as a small public operation. 

Public health authorities, which carry out state health supervision on the basis of Act No. 258/2000 Coll., on the Protection of Public Health, will, in the event of an inspection (initiated, for example, by a resident's complaint or the occurrence of health problems), assess the operation precisely according to the standards set out in this decree.

For the developer, this leads to a clear conclusion: design and build the wellness zone as if it were a public facility. Any savings on technologies or construction solutions that would lead to non-compliance with the requirements of this decree represent a hidden defect in the building. The future UOA would be exposed to the risk of sanctions, an order to cease operations, and the need for costly reconstruction, for which it could subsequently claim damages from the developer.

Requirements for Swimming Pools

The decree sets out detailed requirements for all aspects of pool operation:

• Water quality: The water in the pool must meet strict hygiene limits for microbiological (e.g., Escherichia coli, Pseudomonas aeruginosa, Legionella) and physico-chemical indicators (e.g., content of free and combined chlorine, pH, redox potential, transparency). 

• Recirculation and disinfection: The pool must be equipped with a water recirculation treatment plant (filtration, pumps) and a system for automatic measurement and dosing of disinfectant and pH-regulating preparations. The decree also sets requirements for the intensity of recirculation and the water turnover time.

• Monitoring and records: The operator (UOA) is obliged to keep an operating log in which the results of control measurements are regularly recorded. In practice, this means an obligation for the manager or a designated committee member to measure key values such as free chlorine content and pH at least three times a day. The temperature of the water and air and the visual transparency of the water are checked just as often. Furthermore, it is necessary to ensure regular backwashing of the filters (typically weekly) and to have a laboratory analysis of the water carried out by an accredited laboratory once a month.

• Structural and layout solutions: The floors around the pool and in the showers must have a non-slip finish and be easy to clean and disinfect. They must be sloped towards floor drains to prevent puddles from forming. The facility must include walk-through showers and ideally also footbaths with sanitised water before entering the pool hall.

Requirements for Saunas

The decree also sets clear rules for saunas and their facilities:

• Materials and construction: The wood used for the interior cladding and benches in the heating room must not be chemically treated (impregnated, varnished). All metal components (screws, fasteners) must be recessed and covered to prevent burns. The benches should be constructed from removable parts for easy cleaning.

• Ventilation and microclimate: The heating room must be sufficiently and controllably ventilated. It must be equipped with a thermometer with a range of at least up to 130°C, placed out of direct reach of the radiant heat from the heater. The decree also sets recommended air temperatures in adjacent areas, such as rest rooms, changing rooms, and showers.

• Safety: The sauna heater must be fitted with a protective cover or railing that prevents accidental contact and burns.

• Cleaning and hygiene: The decree and its implementing guidelines define the minimum frequency of cleaning and disinfection of individual parts of the sauna. For example, the floors and seating surfaces in the heating room must be wiped with drinking water at least twice a day. A complete cleaning and disinfection of all sauna areas, changing rooms, showers, and toilets is carried out at least once a day after the end of operation. After the end of operation, it is also necessary to thoroughly ventilate the sauna cabin.

Strategic Recommendations for Developers

The implementation of a wellness zone into a residential project is a complex discipline that requires much more than just a construction and technical solution. The success or failure of this premium feature is largely predetermined by the developer's diligence and foresight in the preparatory, legal, and organisational phases. Neglecting these aspects can lead to the marketing attraction turning into a permanent source of conflict and financial burden, which will damage both the quality of life of the residents and the developer's reputation.

Summary of Key Strategic Decisions

The analysis has shown that the developer must make several fundamental and interconnected strategic decisions at an early stage of the project, which define the entire future ecosystem of the wellness zone:

1. Choice of usage model: The decision on whether the wellness area will be accessible to all owners as a standard common part, or whether it will be an exclusive, paid service for a limited circle of interested parties.

2. Choice of financing model: In direct connection with the usage model, it is necessary to choose whether the costs will be covered from contributions to the building's management (and thus by all owners according to their share), or as a separately billed service (paid only by users).

3. Precise legal anchoring: Both of the above decisions must be unambiguously, comprehensibly, and in a legally watertight manner formulated in the Owner's Declaration. This document is of a fundamental nature, and its subsequent amendments are extremely difficult.

The time and resources invested in careful legal, financial, and operational preparation of wellness zones are not an unnecessary expense. On the contrary, it is a key investment in the long-term value of the entire residential project. 

At ARROWS, we have extensive experience with this issue and deal with it daily for our clients, who include more than 150 joint-stock companies and 250 limited liability companies. We are ready to help you too. Get in touch with us and get a tailor-made legal solution.