The coexistence in a community of owners must respect a series of written rules, both in the statutes and in the same Horizontal Property Law. The rule prohibits neighbors from carrying out activities that are annoying or harmful. To protect peaceful coexistence, it gives the community of owners a legal weapon to bring to justice the neighbors who do not respect a minimum of understanding. Sometimes it is not the owners who cause the inconvenience, but their pets. In this sense, there are sentences that condemn the owners of the animals to cease pet ownership.
Neither the use of the anti-barking collar nor the best education given to their pets has prevented justice from condemning a neighbor of Castro Urdiales to cease the possession of their pets.
A recent judgment of the Provincial Court of Cantabria (whose full text can be consulted here) has given the reason to a community of owners who sued a neighbor for the bad smells and unbearable noises of the pets she had in her apartment. The judicial decision obliges the co-owner, owner of five dogs, to evict them.
Although their pets were not big, the rest of the neighbors had protested strong noises and smells, that according to the sentence, "exceeded the normal use of the privative and common elements".
The decision to go to trial was approved in an extraordinary meeting, with the unanimous vote of all the neighbors except the one affected.
The Chamber considered that the disorder caused by noise and dirt caused by the defendant's dogs was not a simple inconvenience that the rest of the owners were forced to endure. For this, it was enough to listen to the testimony of the neighbors who appeared in the trial and verify that there had been a municipal intervention in the home of the owner of the dogs.
Therefore, the court ordered the neighbor to evict the pets, although The judgment is not final because the affected party can appeal the decision before the Supreme Court.
The Horizontal Property Law foresees a procedure, used by the communities of owners in cases of annoying or unhealthy activities. It's the call action of cessation of annoying activities or activities prohibited in the Statutes. Article 7.2 of the current Horizontal Property Law expressly states that "the owner and the occupant of the flat or premises are not allowed to develop in it or in the rest of the property activities prohibited in the statutes, that are harmful to the farm or that contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities ".
For this action to be successful it is necessary that the activity you want to paralyze is uncomfortable and annoying for third parties of the property, a small difficulty or disorder is not enough; it must also be notorious, that is, public and evident.
It can not be directed against singular or sporadic acts, but a certain intensity and continuity is necessary.
The regulation provides for important sanctions, such as deprivation of the use of housing for a certain time.
In the case of the neighbor of Castro Urdiales, although the sentence does not condemn the owner to the eviction or deprivation of use of the house, Yes, it is condemned to the immediate and definitive cessation of dogs in their apartment, when accrediting the seriousness of the annoyances produced.