Thursday, September 20, 2018
Lifestyle
Legal
Neighbors musicians, how to act on a property of neighbors?
The piano, the drums or the guitar. A neighbor musician will always become a problem for coexistence, because their studies sometimes will not be understood by those owners who see their health and rest damaged. The farm administrator can give us the key to solve these types of problems.Noise becomes one of the main problems that occur in neighboring communities and to which the administrator of farms must remedy to prevent the conflict ends in the courts. Although all of us are required a certain degree of tolerance towards those who need to rehearse the same piece, then in practice the situation is really different.Having a musician neighbor is not having a person who in the middle of the afternoon is offering you a free Mozart, Beethoven or Vivaldi concert, but an individual who repeats the same piece over and over again, including his mistakes, until to make it look like he wants. The job of the administrator of estates should be to mediate between those who need to rehearse and perfect their art and those who are tired of listening to music during all hours of the day, affecting their health and rest.With the Horizontal Property Law (LPH) in hand, the farm administrator states that Article 7.2 states: "The owners or occupants of the flat are not allowed to develop prohibited activities in the statutes that are harmful to the farm." Now it would be necessary to see what activities are considered by the owners as annoying and which are not, and in that case, analyze the municipal, autonomic and state regulations with respect to noise pollution problems.The first step will be to locate the noise and analyze the level of decibels that it presents. Although according to the time and the community in which we find the figures will vary, Madrid establishes a daytime schedule (from 7:00 a.m. to 7:00 p.m.) and evening (from 7:00 p.m. to 11:00 p.m.) of 35dBA maximum, while in the night time (from 23h in the night to 7h in the morning) that level is reduced to 25-30dBA. The second step will be to talk with the noise generator neighbor to look for possible solutions such as the soundproofing of the walls. However, if this measure is not effective, it would be necessary to bet on the warning of the neighbor, with the help of the property manager. Thus, article 7.2 of the LPH establishes: "The president of the community, on his own initiative or on behalf of any of the owners, will require the person who carried out the prohibited activities to immediately cease them, under penalty of initiating legal actions coming ".Neighbors, recidivist musiciansIf still, the neighbor continues playing the guitar or the trumpet during the warned hours and at higher levels than allowed, the same article will protect the affected neighbor to interpose, with authorization of the neighborhood council, a lawsuit against the neighbor musician. The judge may agree on a precautionary basis the immediate cessation of the activity, adopting as many precautionary measures as necessary. If the judgment were to be considered, it could also claim compensation for damages, as well as the deprivation of the right to use the home for a period of up to three months, depending on the seriousness of the matter. However, the farm administrator will recommend us to obtain valid acoustic tests and measurements so that our demand will be consolidated.It must be remembered that only noise that exceeds the permitted decibel level and for a certain period of time will be considered annoying. As a general rule, the schedule in which you can make noise, and in this case practice with our musical instrument, is from 9 am to 11 pm, although it would be advisable to respect certain aspects: do not touch before 9 am in the morning, do not touch at lunchtime, be respectful at night and cease our activity at 9.30pm at the most. The administrator of farms will always intervene to avoid possible conflict situations, advising the neighbor musician to soundproof his / her rehearsal room or the exhaustive monitoring of stipulated schedules. And is that currently 80% of Spanish homes do not have an efficient level of soundproofing. The success of coexistence lies in mutual respect!