In the Communities of Owners conflicts usually appear that affect the coexistence or the interests of the neighbors. These problems are usually related to noise, humidity, late payments or spills. Therefore, it is important that you have a lawyer specializing in Communities of Owners who know the necessary actions. We explain it to you below.
WHY IS A LAWYER NEEDED BY THE LANDLORD COMMUNITIES?
In order for you to mediate and resolve disputes related to your Community of Owners, you must have a lawyer specializing in Horizontal Property Regime that contains the rules on these legal matters. These conflicts can be the following:
NON-PAYMENT OF FEES OR DELAY
Sometimes there are certain neighbors who are no longer up to date with the Community's receipts, which can mean a spill so that the expenses for the rest of the Community of Owners can be covered. The first step is to start a dialogue with the people affected, but ultimately, you can go to court. There are different judicial procedures such as the Verbal, Ordinary Trial, or the Monitor. Therefore, according to the characteristics of each case, it would be necessary to choose.
In general, the eviction action can occur before conflictive neighbors who are in a rented property. There is a particularity for very serious cases, in which it is possible that the owners have to leave the house, due to extremely serious behavior, whenever a judge decides it.
ANNOYING ACTIVITIES LIKE NOISE
This is one of the most frequent problems, and although it is generally possible to solve it peacefully in the meetings of the Board of Owners, but it can certainly sometimes reach the judicial channel. In any case, it is necessary to refer to the Municipal ordinance and, where appropriate, to the Noise Law, both Autonomous and State. It is important the intervention of a lawyer, an expert in the field who can give the parties all possible alternatives.
Regarding construction defects, a damage report is needed that may be presented to the Community of Owners to begin the legal procedure against the construction company, in case it represents a problem. There are different types of claims as you can see in our article on new construction warranties.
PERFORMANCE OF WORKS IN COMMON AND PRIVATE ELEMENTS WITHOUT PERMISSION
It is possible to carry out reforms in common elements, without permission from a Board of Owners in very particular cases, which the law includes in the regulations. One of them is that they are works for the adjustment of universal accessibility or in case they represent an immediate danger. On the other hand, in the rest of the cases, the owners of the community can claim, making use of the knowledge of a lawyer specialized in communities of owners.
If you have a problem with your Neighborhood Community or do you have any questions? Contact us and we will solve it.