A community of owners, has different legal mechanisms to defend against unwanted noise that affect the good relations within the Antalya comunidad.Desde Gestió-Communities, we believe that we must distinguish two large groups where they can divide the problems of noise and nuisance and anti-juridical.
- First group. When the noise assumptions NOT affect an entire Community of Owners
The alleged noise POSE be caused by different sources, types, installations of any kind in local machinery of industrial and domestic, music, discussions, scandals by the owner / s of the property or his / s occupant / s, which harm the friendliness individually to one or more persons in a community, but NOT to the homeowners as a whole. In this case, legal action to be followed are governed by Article 1902 of the Civil Code, CHAPTER II. OBLIGATION ARE BORN OF GUILT OR NEGLIGENCE, requesting the cessation of such sounds, and compensation for damages caused.
- Second Group. When the noise assumptions affect an entire Community of Owners
What is the procedure to follow from that time?
Protected by the Horizontal Property Act, Law 49/1960 of July 21, as amended by Law 8/1999 of April 6, provides a specific procedure for causing nuisance and illegal activities, where activities incriben noisy, as specified in Article 7.2 of the LPH, consisting of:
“III. The procedure of Article 7.2 LPH
Article 7.2 LPH, marks the first of those paragraphs that “the president of the community, on its own initiative or any of the owners or occupants who perform the required activities prohibited by this subsection to desist from them, under penalty to initiate court action. “
Thus, regardless of the possible contacts between the neighbor or neighbors, unregulated legally, but socially quite effective in some cases, the Chairman of the community to urge the neighbor to cease the harmful activity, failing to start appropriate action.
In many cases this will be the proper administrator of property owners which lead to harmful neighbor instead of the president, although the law expressly states nothing about it. Nothing is noted on the form but must contain reliably performing this warning. But the offender may persist in behavior, and continue to make the harmful conduct.
“If the offender persists in his conduct, the Chairman-Administrator, upon approval of the Board of Owners duly called for that purpose, may institute injunction against him, in matters not covered in this article, shall be conducted through the trial ordinary. “
Since we we frame in the Judiciary: failed of court (friendly), calls the injunction by the president, with the authorization of the Board of Proprietors. It does not fit to be the administrator, it is the president who holds legally represent the community, both in and out of it, in all matters related thereto, pursuant to Article 13.3 LPH. The taxpayer is the offender owns or mere occupant.
The court may, at first, take such precautionary measures as appropriate: “If you filed the complaint, accompanied by the accreditation requirement of notice to the offender and the certification of the resolution adopted by the Board of Proprietors, the judge may order as a precautionary measure the immediate cessation of the activity prohibited under pain of committing a crime of disobedience. may also adopt any precautionary measures necessary to ensure the effectiveness of the injunction. The action shall be brought against the owner and, where appropriate, against the occupant of the house or premises. “
Therefore, precautionary, while substantially the process, the occupant dañante should stop playing the piano, performing industrial activities, hospitality and professional questioning, without prejudice to finally decide who really is or not.
And finally there will be judgment terminating the litigation and the activity qualifies as annoying, unhealthy, harmful or dangerous, or not.
“If the judgment may provide estimative was also the final cessation of the prohibited activity and compensation for damages appropriate deprivation of the right to use their unit for no more than three years, depending of gravity of the infringement and the damages caused to the community. If the offender is not the owner, the judgment may definitely terminate all rights to their unit and their immediate release. “
Therefore, the activity can not be considered annoying, harmful, unhealthy or dangerous, and can continue to develop properly. Considering that fits into one of these categories, you can have the final cessation of the activity, and the timely repair of damage, in nature as far as possible, or payment of compensation for damages and , in particularly serious cases, it may deprive the right to use the premises or property for no more than three years.
Author: Antalya Gestió Communities