Community Pet Policy and Laws in Spain: What you must know
Have you ever wondered how the presence of dogs is regulated in your neighborhood community? In this article, we will explain the regulations regarding dogs in residential communities. This way, you will have the necessary information to understand your rights and responsibilities concerning pets and living with your neighbors.
Harmonious Coexistence or Latent Conflict?
The rules of a community are usually what regulate the behaviors and activities that are allowed or restricted in the building. Among these rules, it is common to find provisions related to the ownership of pets by the owners, since these animals are often a source of potential conflicts.
Pets, particularly dogs, can generate considerable disturbances, such as barking, dirt in shared areas, or even trigger conflicts between neighbors who have different opinions on the presence of animals in the building.
To mitigate these problems, some communities have established regulations that prohibit the ownership of pets in homes. However, it is essential to refer to the Horizontal Property Law (LPH) to determine whether, in practice, the individual right to own animals prevails or whether the community can restrict this ownership in the property.
The Horizontal Property Law and Pets: What Do the Regulations Say About Dogs in Owners’ Communities?
The Horizontal Property Law (LPH) establishes rules on the activities allowed in a community of owners. Regarding pets, it does not directly mention having pets in homes, but it makes it clear that everyone has the right to live with their pets. What it does mention in Article 7 is that owners cannot carry out activities that go against the community rules and that cause damage or disturbances to the property.
What does Article 7 of the Horizontal Property Law say about prohibited activities?
- Harmful Activities: Actions that damage the building or disturb the neighbors cannot be carried out.
- Intervention of the President: The president of the community can ask whoever breaches these rules to stop those actions, with the warning of taking legal action if they persist.
- Cessation Action: If the person continues with these actions, the president, with the approval of the board of owners, can initiate a legal process to stop them.
Let’s take an example: a dog that barks for much of the day and causes disturbances to the neighbors.
- Harmful Activity: Constant barking can be considered a nuisance activity.
- Intervention of the President: The president of the community could ask the dog owner to stop the barking, explaining how it affects the neighbors.
- Cessation Action: If the barking persists and it is verified that the noise level reached is considered noise pollution, a formal lawsuit can be filed.
The regulations also indicate that if there are limitations on the ownership of pets in the communities of owners, they must be established in the community statutes or in the agreements taken by the board of owners.
What restrictions can be applied to pets in the Internal Statutes of the Owners’s Community?
These are some of the pet regulations that can be established in the agreements or statutes of the community.
- Limitations on the size, breed, or number of dogs allowed.
- Regulations related to noise, cleanliness, and safety.
- Prohibition of defecating in common areas.
- Mandatory use of a leash for dogs in shared areas.
- Mandatory use of a muzzle if dogs are considered aggressive.
- Limiting the use of common areas by pets.
It is important to note that any restrictions related to pets must be reasonable and non-discriminatory. Furthermore, these limitations cannot unreasonably affect the right to enjoy the home of those owners who own dogs responsibly and respectfully.
In conclusion, understanding the regulations on dogs in neighboring communities is essential for peaceful and harmonious coexistence. If you need legal advice to clarify doubts or resolve conflicts related to this topic, our property administration and management in Estepona team in the economic and legal area of estates can provide the necessary guidance and assistance.
Contact us today for more information and make sure you know your rights and responsibilities in your neighborhood community!