Madrid, July 26, 2023.
With the arrival of summer, queries related to noise or inappropriate use of common areas are becoming more common and generate tension between neighbors. With the purpose of offering relevant information that allows people to resolve this type of situation and promote a good coexistence between neighbors, the Allianz Partners Legal Assistance team shares its responses to the most common queries in this area.
As indicated by the experts from the Legal Assistance team of the leading Insurance and Assistance company, it is important to bear in mind that there is no general rule that regulates ‘good neighborliness’ and situations arise that create discomfort among the people who live in a residential area. Knowing how to manage them is essential to promote a good coexistence and, in this sense, the Allianz Partners Legal Assistance team shares some of the most common queries related to neighborhood conflicts in summer and their solutions:• Pets: ‘Can they run loose? by the community?’, ‘Can a neighbor have more than one dog?’, or ‘What if another neighbor doesn’t want to bring a dog in the elevator?’ Pet owners should avoid inconveniencing their the other neighbors, respecting the rules of health and danger. Pets must be on a leash and with the appropriate security measures in common areas. As for dogs in the elevator, there is no state regulation that prohibits their presence. However, it is advisable to verify the prohibitions established in the statutes of the community of neighbors. • Barbecues: ‘Can my neighbor in the attic have a barbecue on the common terrace for private use?’, or ‘Can several neighbors have a barbecue in the lawn of the pool?’Performing barbecues on private terraces or for private use may be possible, as long as it avoids harming the rest of the owners. As for the common areas, such as the pool or the garden, the provisions of the community statutes must be followed. If it is prohibited, it must be expressed.• Noise: ‘Can my neighbors have parties with music at any time?’, or ‘Can my neighbor start the renovation work at 7:00 a.m.?’ 8:00 a.m. to 9:00 p.m. or 10:00 p.m. During this period, activities such as putting on music, celebrating or carrying out works can be carried out, as long as the established maximum decibel limit is not exceeded. If it is a weekend or a holiday, the hours are reduced: from 9:30 a.m. to 9:00 p.m.• Swimming pool: ‘Can a neighbor use the pool at any time?’, ‘Should children be accompanied by an adult? ‘, ‘Can I bring friends or family to the pool?’ and ‘Does the pool need a lifeguard?’ The use of the pool is subject to what is established in the statutes or internal regulations of the community. It is important to follow the conditions of use, hours and maximum capacity allowed. Regarding the guests, the neighbors must determine the protocol through agreements in the meetings of owners or the statutes. In addition, in some circumstances, such as in pools from 200 to 500 m2, the presence of at least one lifeguard is required. The neighbors, through agreements or through the statutes, are the ones who must determine the protocol regarding the use of the pool by people outside the community. These guests must, in any case, respect the rules of use, assuming that, in the case of not doing so and causing some damage, the Community could derive responsibility for their actions from the neighboring owner who invited them.”In summer it is very normal spend more time at home, and therefore those moments of tension between neighbors become more visible.At Allianz Partners we recommend that the communities of owners approve internal regulations to establish an adequate framework adapted to each case, thus avoiding inconvenience that some activities can generate.In any case, solutions must be sought based on mutual respect and good coexistence among the neighbors, and in case of doubts about how to act, teams of experts such as Allianz Partners who are available to provide the most suitable advice”, indicates Paz Tejedor, head of Legal Assistance at Allianz Partners Spain.
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