Stop the neighbor who makes life hell for us. Tactics deal with the problems in the community. Earning per K.O. the neighbor who never ceases to annoy. Tactics deal with the problems in the community of owners. If, after warning him, keeps harmful attitudes, unhealthy, uncomfortable, dangerous or illegal for the community, you can sue.
Noise, odor, dirt, vandalism, rearing or keeping of dangerous animals. The behavior of some residents can become maddening. While owners tend to define communities of the activities prohibited by its statutes and the Horizontal Property Act defines what is allowed and what can not be done in a building, there are many neighbors who ignore these guidelines. When face a delicate situation in the coexistence of experts advise residents to exhaust the maximum amicably and avoid legal disputes that may be long and painful. However, the problem is compounded if no breach of the rules. The injured neighbor then has two options: either start a cross-court on its own or seek the support of other members of the community. The consequences can be harsh, because if the court ruling in favor of the assessment is concerned it will be possible to expel the offender from his home for a maximum period of three years.
What You Don’t Have to Accept
Horizontal Property Act establishes, the prohibition of the development activities which contravene the general provisions on annoying, unhealthy, noxious, dangerous and illegal, whose definition is developed in the Regulation 2414/1961 30 November. Here we report a brief summary:
Annoyance: Activities involving a nuisance by noise and vibrations that occur during the development of the same or discomfort arising from the fumes, gases, odors, mists, dusts or chemicals released into suspension.
Harmful: those that result in the release or disposal of products that can cause damage to the rich agricultural, forestry, livestock or fish.
Unsafe: If they cause severe damage to the health of neighbors, lack of care and cleaning, rearing or keeping of certain animals or insects or use of devices that emit radiation.
Dangerous: Activities aimed at manufacture, handle, dispense or store products which may create a serious risk of explosion, combustion or radiation.
Illicit: The legislature has not finalized the definition of such activities, says attorney William Ros Pelegay, so that will be unlawful activity prohibited by law, be it criminal, administrative or civil.
Moreover, it should be remembered that there are other practices that can be harmful or harmful and are regulated through various ordinances, as explained in the College of Property Administrators in Madrid, so you’ll have to be aware of the specific prohibitions in this regard that contains the regulation in each city.
Can I report?
The courts require several conditions to understand that there is a reportable activity by annoying, unhealthy, noxious, dangerous or illegal, says Juan Romero, a lawyer for the firm Deley and property administrator:
Repetitive: The conduct must be continuous in time. “Not because one day have a party until all hours and is sufficient grounds to start legal action,” said Romero.
Discomfort on individuals: The activity must be uncomfortable or disruptive to well-defined subjects who inhabit the property, not people or making reference to indeterminate concepts vague and imprecise (has to be said for who would undermine and why).
Clear and obvious harmful Action: The trouble must be visible, visible and insistent, so that was not rectified despite the warnings. Obviously this must be a room or a home located within the building, according to John Romero said, because if the activity is from another community or another building could not act according to the Horizontal Property Act.
First, you must exhaust all possible avenues of communication. It is necessary to formally called upon, by fax or notary bureau, to cease the nuisance activity, says Javier Muñoz Pereira, iAbogado.com.
Collects support: This requirement can be submitted by the owners’ or the affected individual.
Plan an action: Please listens to you, must be brought in, says Javier Muñoz, either a criminal complaint (if it is an illegal activity) or civil (if it is to obtain a remedy for the damage).
Document your complaint: You must formally called upon to prove the infringer and agreement of the board of owners, she says Pelegay. We also prove useful for damage assessment of an expert and even the budget to repair any damage caused, according to Muñoz Pereira.
The consequences can be harsh: In case of an upholding may provide, in addition to cessation of the prohibited activity and the damages, deprivation of the right to use the house for a period not exceeding three years, depending on the seriousness of the offense. If the offender is not the owner, the award may declare extinguished their rights to housing, as well as his “release” (expulsion by force). In this regard, the Association of Madrid Property Administrators point out that, if it were a tenant, could declare extinguished all rights to the floor, and even his eviction, with the losses that would entail, both for himself that his contract would be terminated as to the owner, who would collect the rent.
