Thursday, November 29, 2018
Lifestyle Legal
Animals in communities of owners, what legislation should we take into account?
They say that one does not choose the family that touches him, but he does not choose the neighbors with whom he will live in a community of owners. Today we are going to analyze if having a pet can generate a legal problem with our neighbors or if otherwise we should not worry. The one that is coming!
In Spain there is no such regulation to prohibit the possession of pets in our private homes as required by the community of owners. Although the Central Government does not impose a regulation in itself, does not mean that each community of owners do not keep an ace up their sleeve and can play with the Law of Horizontal Property at will and modify or establish statutes that do emphasize in this aspect.
The Law of Horizontal Property includes, in Article 7.2, that the occupant or owner of the apartment can not develop in it or in the rest of the property activities that generate loud noises and become annoying, unhealthy, noxious, dangerous or illicit. with respect to the rest of neighbors. As a result of this article, the problem of discomfort, barking and bad odors caused by pets in the communities of owners, especially dogs, is born.
The statutes of a community of owners can limit the presence of pets in common areas (garden, elevator, patio, roof, etc.), which could be the most common. However, there are blocks of neighbors who have set in their statutes the prohibition of keeping animals at home, since indirectly affects the rest of the neighbors. Now, if there is no statute to collect it as such, you can not force a neighbor to get rid of your pet. Normally the requirements in neighboring blocks are usually: that the animals are registered, that they go with muzzles, that they are not loose, that they are vaccinated and that they do not use the elevator. In addition the owner of the animal is obliged to always carry a bag for the collection of excrement and not to go with the animal in areas frequented by children inside the building.
Take into account municipal and regional regulations
As for the night, the owner of the animal will be required to leave it inside the home and will be responsible for the behavior of the pet if it becomes annoying to the rest of the neighbors. We must remember that when there are four or more dogs in a house, the declaration of a zoo nucleus is usually required. It is true that it depends on the municipal and regional regulations, although they are aspects to take into account when we have animals at home. When a member of the community of owners is dissatisfied with the actions of a neighbor and their pet, then the first thing to do is file a complaint with the City Council, with the police having to go to the building and check the property's statutes they collect or not some type of regulation on the possession of animals.
Faced with a complaint from a neighbor, the president of the community of owners will ask the neighbor violator to cease their activity annoying. If he disobeys, then proceed to convene a neighborhood board to file a lawsuit against the offender. The judge may agree with cautionary character the immediate cessation of the prohibited activity, under penalty of incurring in the crime of disobedience. However, as long as this activity does not bother the rest, the judge will always superimpose the private freedom of each neighbor.
Before initiating a judicial action against the owner of the animals that cause inconvenience to the neighbors of the community of owners, it is necessary that previously a series of tests (photographs, declarations, etc.) have been obtained in order to be able to accredit in the Court the discomforts that are occurring. Each case is different and each community of owners one world. However, although we have the right to have animals at home, we should not disturb the rest of the neighbors of the property.


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