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Pregunte al Administrador: música alta

I have a neighbor who is playing music and watching loud TV at any time, from early in the morning until the evening what makes me impossible to stay in my house, and after having tried to talk to her and even call the police he continued with the same attitude, what legal action can I take, please?

Sarah K.

Administrator:  Juan López

If you have already tried the friendly way, you can contact the President of the community so that he  requires the owner by using a burofax for annoying activity, warning him that not to do so the community will proceed to submitt the relevant lawsuit against it. If he continues with this attitude, then, go back to the President, so the community by a simple majority, makes decision of suing the noisy neighbor on the basis of article 7.2 of the Horizontal property law relating to the cessation of troublesome activities of.

When the ruling was favorable measures from deprivation may agree the use of the dwelling for a time not exceeding three years, as well as the recognition of compensation for the damages caused.

You can also report to the City Council, who will check the noise levels on the basis of the municipal Ordinance that establishes the permitted levels in the different time zones, ordering the cessation of noisy activity for having exceeded the limits and agreeing the respective sanction that the neighbor offender will have to pay to the Municipium.

Pregunta al Administrador: ¿Pueden reclamarme a mi las cuotas que debe mi inquilino?

I am owner of a flat that I rent, and since a few months ago the tenant does not pay the community fees. In the contract it was agreed that the tenant was who would pay this fee, however now the administrator  is claiming to me all the debt, do I have obligation to pay those fees?

Carmen G.

Administrator:  Juan López

Hi Carmen.  We had the same question in February.  According to the law of Horizontal property, is the owner of the property, the responsible of the payment , independently of what was privately agreed with your tenant.

But in this case before the non-payment of fees the administrator should be directed only against the owner.  Therefor, you are who has the responsibility towards the community, having to pay these fees, while at the same time, you can claim this amount legally to the tenant or even terminate the contract for this cause

Pregunta al Administrador: Reclamación a morosos cuotas comunidad

In my community, we have a neighbor who stopped paying their community fees several months ago and despite several calls of attention by the President he hasn´t paid one euro at all, from how many unpaid bills can a debtor be sued and how must we act against it?

 Anonimous

Administrator: Juan López

There is no minimum number of defaults to claim the debt, from the first unpaid receipt you can be sued, but we wiould recommend a first friendly manner, by sending him a prior requirement, expressing the amount owed and a reasonable period of time so that it complies with the payment, stating that in case of failure to comply it may take against the appropriate judicial measures.

If this requirement is not effective, owners gathered on board, may agree by a simple majority agreement settlement debt to sue this owner. After that, I recommend to send a burofax accompanied by certification of the liquidation of debt, urging that put an end to this situation warning that otherwise the community will start legal procedure of claim for debt.