9.My community established additional rules to the Statutes, is this legal?
Yes, owners can establish new rules (always provided they are respectful towards applicable Law). Just majority is needed in these cases
10.What if the rules are against Law?
If a rule is against Law, it is null and void and you are not under legal obligation to obey it.
11.I want to do some refurbishment in my apartment? What do I need to do?
You just need to communicate it to the President in written, make your budget and hire the necessary workmanship.
Every owner can just do building works in his flat or premise, modifying its architectural elements, installations and services, provided:
*The safety of the building, its general framework and its outer configuration and conditions are not altered.
*None of the other owners’ rights is damaged.
12.My community does not allow pets? Is this a legal prohibition?
Community of owners cannot restrict the way you use your private property or the guests you have in it: other way said they have no jurisdiction on your home (thank goodness!).
Decisions by the Community need always to be made just regarding common elements. So the answer is… YES. You can have pets; provided they behave according to the rules of the Community in common areas and they are healthy, safe and innocuous. (can not have a panther for instance).
13.But what if a neighbour has a dangerous animal or has a pet in unhealthy conditions?
After reporting it to President, for an amicable solution, you can also report it to the Police and the Health Local Authorities, which can oblige the owner to “relocate” the funny animal out of the Community.
14.Can the community prohibit me to walk my dog through the common elements?
No, they cannot. Always the walk performs in healthy, safe and innocuous condition. They can ask you to always walk your dog tied up as a matter of safety or health and/or clean if he/she…"burn ...” or “water...”
15.What can we do if the crocodile persists in the Community, bathing in the pool?
The President of the Community of Owners either by own initiative or by the initiative of any of the owners or users, must request the owner to send him to the… river, or inform that person about the legal actions against him/her that might be started if the behaviour is not stopped.
If the offender crocodiler persist doing it, the President, once authorised by the committee of owners, can call the Police and local health authorities.
16.What if the problem is a noisy baby?
Babies cry and it is unavoidable. There is nothing to do but use ears blockers or... offer some help to those busy parents.
17.What if an owner plays music very high?
Disturbing=illegal. The president can ask him to stop and if persisting can call the Local authorities for a stop.
18.Can a Judge ask the owner to compensate damages?
Of course yes, if a judicial procedure is needed to stop an illegal activity, the Judge can order:
- The offender to stop the forbidden activity once and for all.
-The offender to compensate the Community for the produced damages.
-The offender to be deprived of the right to use the house or premise for a period no longer than three years.
Maria