Summer is a wonderful time of year. But it can also provoke messy situations when it comes to communal living.
From overcrowded swimming pools and barbecues in common areas to loud parties into the early hours, these all pose challenges for peaceful coexistence.
Luckily, Spanish Law has numerous mechanisms to deal with these antisocial activities that become much more common occurrences during the summer.
What can the Comunidad do to stop antisocial behaviour?
According to the law, should other residents be regularly causing a nuisance, the community of residents (known as the Comunidad in Spanish) can take action to stop it.
The Comunidad can follow the steps outlined in Article 7.2 of the Horizontal Property Law (LPH). This involves the president of the community officially requesting the transgressor to cease the prohibited activities immediately.
While the community doesn’t have the power to impose sanctions, if the activities are prohibited and the infringer persists, legal action can then be taken against them.
Communicating the requirement for cessation
In order for the requirement for the immediate cessation of the prohibited activities to be valid legally, this should be communicated through a certified letter (burofax) with proof of receipt and contain evidence of the requirement and the certification of the agreement adopted by the community assembly.
While the community president most commonly issues such a communication, it can also be issued by other individuals such as lawyers, administrators or the community’s board of directors.
What happens if the infringer continues?
If the infringer persists in their conduct, the president, with prior authorisation from the community assembly, can initiate legal action for cessation.
To prove that the activities are not isolated incidents, but rather ongoing disturbances to the comfort of the community, it’s essential to gather strong evidence, such as police reports, noise measurements, witness statements, etc.
If the legal action is successful, the court may order the definitive cessation of the prohibited activity, compensation for damages, and, in some cases, the deprivation of the right to use the property for a period of up to three years. If the infringer is not the owner, their rights related to the property may be permanently extinguished, and they may face immediate eviction.
Don’t let antisocial behaviour ruin your peace
If your life is being made difficult by the antisocial behaviour of others in your residential community, don’t despair. Something can be done about it.
At CostaLuz Lawyers, our team has extensive expertise in effectively assisting communities in resolving such matters. Get in touch now to learn more about how we can help you maintain a peaceful and harmonious living environment this summer.
Maria Luisa Castro
