INNOVATIVE JUDGEMENT IN PROVINCIAL COURT IN VALENCIA. OCTOBER 2011

In relation with the topic already mentioned in this blog  about the ceasing of banned actions caused by  neighbours or tenants and the proceeding to carry out, we consider interesting to comment the recent judgement of the Provincial Audience in Valencia, which has condemned a man and a woman to not to reside in their own house during three months, after their neighbours sued them for the inconveniences and noises that they were causing.

The Owners Community of the building, located in Xirivella's, Valencian locality, sued the pair for the "inconveniences and noises, especially nocturnes ", which were coming from the apartment since the end of 2006.

The relation between plaintiffs and defendants derived in addition in a judge about  threats and aggression which finished with a not guilty judgement, burofaxes and an  try of conciliation asking  the couple to cease the noises.

The inconveniences stopped during some time but they started again in 2009, as the rest of neighbours continued reporting to the Authorities and it is registered in several  police interventions.

The neighbours formalized their complaints in minutes, carried out requirements, called the police and once finished the judicial procedure, they have obtained this innovative judgement.

According to the jurisprudence which  is included in this judgement, it is not allowed for the owner or occupant of a floor to develop in this banned activities which could be troublesome, unhealthy, harmful, dangerous or illicit activities.

The judge has considered to be proved that the " troublesome, harmful and illicit activities exist exists in the apartment  since year 2006 and continue throughout 2009.

He condemns to them, for this reason, to the privation of the use of the property for three months and of the use of the rest of common elements and the connected rights to the property during this time.

We think it´s a good precedent against the bad behaviour of owners that not respect the Community nor the Community Administrator.