what are your rights
The community of owners of a farm does not have the power to prohibit you from having animals in your home. Although I know that some of them reflect it in the statutes, you should know that it is not legal. Sometimes ignorance leads families to despair because they believe that this prohibition is really legal, finding that they cannot live with their animals, which, as much as it may seem an exaggeration to some people, are part of their family.
Neighborhood communities are empowered to establish rules of coexistence in common areas . They may restrict the presence of animals in the gardens or any other common element. Obviously we are only talking about permanence, you can use the common areas with your dog to enter and leave your home or access the garage.
Another of the most frequently asked questions is whether dogs can go up in the elevator , the answer is yes they can as long as it does not coincide with a neighbor who does not want to share that space with the animal . In that case it will have priority, even if you are waiting before that person. Keep in mind that the animosity that some neighbors have towards animals is inevitable and they wait for any reason to protest and complain.
The importance of having educated animals and in good conditions
One of the problems that creates the most conflict with the neighbors is the barking of dogs, it is very important to have our animals educated, that will help them to be accepted in the neighborhood. We must be aware that if we have a dog that spends all day barking when it is left alone, it is understandable that the neighbors complain, it is a very annoying situation. In cases of animals that suffer from separation anxiety, it is extremely important to consult with the veterinarian or an educator to set guidelines that reduce this behavior. All necessary measures must be taken to prevent our animals from disturbing, they are our responsibility.
Neighbors can call and request the presence of a municipal police patrol to report barking nuisances. You could be sanctioned by the city council for non-compliance with the municipal ordinance and if the inconvenience persists, the case could go to court, this only in the event that the barking exceeds the permitted noise limit, preventing the rest of the neighbors or a clear damage to health.
Article 1905 of the Civil Code establishes that: “ the owner of an animal, or the one who uses it, is responsible for the damages it causes , even if it escapes or is lost. This responsibility will only cease in the event that the damage arose from force majeure or the fault of the person who suffered it ”.
These are the main points to take into account for a good neighborhood coexistence , the person in charge will always be the owner .
- Prevent him from barking.
- Always carry it on the leash.
- Control the dog when it crosses a neighbor.
- Prevent him from making his stools in common areas, and if it happens, pick up and clean the area.
How many animals can I have at home?
The number of animals that we can have living with us in the home varies according to the autonomous community, there are 17 different animal protection laws, but the average is five animals. Even if you own the house, if you have more animals than the law requires, the neighbors, through the administrator, will be able to report this situation. If you have more than five dogs, it is clear that taking them for a walk will attract the attention of the neighbors.
In what cases can animals be prohibited in a home?
Congress approved Law 17/2021 , of December 15, which considers animals as “living beings endowed with sensitivity” becoming part of the family nucleus, that is , one more member of the family . This has generated many doubts about whether animals can no longer be prohibited when renting a flat. The reality is that the Law of Urban Leases (LAU), which is the one that regulates rents in Spain , has not been modified, therefore, the owner of a rental property can prohibit the presence of animals in the contract . Similarly, the tenant will have the right to have animals in the rented home if the owner does not clearly specify a prohibition clause. It will be your own decision, in which the community of neighbors does not influence.
Sources:
https://www.boe.es/buscar/act.php?id=BOE-A-1960-10906
https://www.boe.es/buscar/pdf/1889/BOE-A-1889-4763-consolidado.pdf
https://www.boe.es/buscar/act.php?id=BOE-A-1994-26003
