Looking for a lawyer for neighbor dispute

[mcfordh]

Hello. I'm Mike, new to BAexpats. Have lived here 21 years. Speak Spanish reasonably well. Nationalized citizen 15 years. Have never had a problem or needed a lawyer. Bought an apartment 7 months ago that needs lots of work. The neighbor below seems to think he's entitled to absolute silence at all times. He's only 26 years old but studying to be a lawyer. Has complained at least 15 times. The building administrator thinks his complaints are unjustified and has ignored him. I received a carta documento and need to defend myself. He harasses me and since I am over 70 years old that is a far more serious problem than his noise complaint. Would like to find a tough lawyer to respond aggressively. I don't really want to cause the neighbor any trouble but the best defense might be a good (agressive) offense. Does anyone know a lawyer who can handle this ?

 

[nikad]

I am sorry you have to deal with one of these. I used to be a member of my buidling's HOA and we had complaints of people that did not like somebody ringing the bell to another unit, or people closeing a door at night, etc. I am not sure what your neighbor complains about, but you must know that in general most building rules mention certain restrictions to construction and loud noises ( that is out of the ordinary noises ). Anything other than that it is considered normal use of your unit. If you fall in this last category which I assume is the most likely situation, you should proceed to ignore your soon to be lawyer that pays for legal letter software and is sending them for very cheap. If you are a landlord I would proceed to ignore him and report him to the building management. If you are a tenant I would proceed to report this to your landlord as well ( he will be the most interested in not losing a good tenant ).

 

[Paige55]

Hello. I'm Mike, new to BAexpats. Have lived here 21 years. Speak Spanish reasonably well. Nationalized citizen 15 years. Have never had a problem or needed a lawyer. Bought an apartment 7 months ago that needs lots of work. The neighbor below seems to think he's entitled to absolute silence at all times. He's only 26 years old but studying to be a lawyer. Has complained at least 15 times. The building administrator thinks his complaints are unjustified and has ignored him. I received a carta documento and need to defend myself. He harasses me and since I am over 70 years old that is a far more serious problem than his noise complaint. Would like to find a tough lawyer to respond aggressively. I don't really want to cause the neighbor any trouble but the best defense might be a good (agressive) offense. Does anyone know a lawyer who can handle this ?

I had a neighbor once who seemed to be rehabbing their unit nonstop from dawn to dusk for six months straight. I moved because it was untenable...it becomes a bit like psychological warfare and you can't even hear yourself think. Understand that, while you have a right to work on your unit...if it's nonstop, it is a nuisance to people around you. Especially if they study/work from home. Drilling, pounding...day in and day out and at every available hour is an awful way to have to live for a long period of time, it's loud...very loud. That's more than just a door closing, or being able to hear footsteps, a bit of residual music the neighbors have on while they're tidying up their place. Headphones and earplugs don't really work with that sort of construction sound, sadly. So I feel like he's not asking for complete silence, probably just wants the incessant droning of construction noise to take a hike.

I don't know how long you expect to be updating the unit, but a little understanding goes a long way. Perhaps he's a bit sensitive, but depends on just how long it's all been going on and how long you intend to be renovating. I know what it's like to live next to someone doing those same projects that never seem to end. Is there a way to get an estimate on when your rehabs will be finished and simply speak to the young man and tell him you're sorry it's been a bother but you'll be done by a finite date and you wanted to get everything done at once so it wasn't stretched out even longer?

As far as lawyers, I don't know any that deal in neighborhood affairs but is there a way the administrator could act on your behalf? It seems like if the admin isn't too concerned, you can simply state your case in response to the Carta with an estimate of an end to the construction and that could ease any more problems?

 

[Silvie]

I would suggest to seek advice from your local comuna, where they can guide you and as far as I know, they can even do a mediation between you and your neighbors. I have a friend who had her problems solved that way.

 

[Silvie]

I had a neighbor once who seemed to be rehabbing their unit nonstop from dawn to dusk for six months straight. I moved because it was untenable...it becomes a bit like psychological warfare and you can't even hear yourself think. Understand that, while you have a right to work on your unit...if it's nonstop, it is a nuisance to people around you. Especially if they study/work from home. Drilling, pounding...day in and day out and at every available hour is an awful way to have to live for a long period of time, it's loud...very loud. That's more than just a door closing, or being able to hear footsteps, a bit of residual music the neighbors have on while they're tidying up their place. Headphones and earplugs don't really work with that sort of construction sound, sadly. So I feel like he's not asking for complete silence, probably just wants the incessant droning of construction noise to take a hike.

I don't know how long you expect to be updating the unit, but a little understanding goes a long way. Perhaps he's a bit sensitive, but depends on just how long it's all been going on and how long you intend to be renovating. I know what it's like to live next to someone doing those same projects that never seem to end. Is there a way to get an estimate on when your rehabs will be finished and simply speak to the young man and tell him you're sorry it's been a bother but you'll be done by a finite date and you wanted to get everything done at once so it wasn't stretched out even longer?

As far as lawyers, I don't know any that deal in neighborhood affairs but is there a way the administrator could act on your behalf? It seems like if the admin isn't too concerned, you can simply state your case in response to the Carta with an estimate of an end to the construction and that could ease any more problems?

That drilling and pounding is really annoying but I was able to attend school and study everyday with that noise for at least a year and I also graduated at the end of the year.

 

[Paige55]

That drilling and pounding is really annoying but I was able to attend school and study everyday with that noise for at least a year and I also graduated at the end of the year.

I think it's great you were able. Some people have a bit more sensitivity to noise, and I don't think it's unfair to want to have a home you can study and work in without constant noise. As much as someone that buys a unit has the right to fix it, the kid also has a right to live peacefully in the place he pays for. It just takes a little respect from both sides. As you say the comuna might be the perfect fix as they can mediate and perhaps come to a better understanding of one another. They are neighbors after all and it's always better to smooth over those long-term relationships as best we can. I also know that when I pay expenses there is a line for grievances of this kind that might be helpful to get more input on how to handle disputes with other tenants.

 

[BA Bike Guy]

Not an atty reference, but perhaps this helps: Being in construction, I always notify neighbors when I know construction will take place, and let them know for how long. I also put pressure on the subs to complete their work swiftly (even offer $$ incentives to do so), especially demolition and noisy work. Subs here in BA can really, really draw out their work for a long time; they need to be handled properly. My advice is to talk with your neighbor, face-to-face, be extra nice (he may still be your neighbor after cons) maybe even take him out for coffee. Explain your situation, and listen to his. If you will be putting in sound deadening bits, or using carpet/rugs, then let him know your improvements will make the apartment quieter than it ever was... If you're not on the site everyday, maybe hire him to be your on site manager of sorts?

I rehabbed my apt here and then both next door neighbors did theirs. Because we had good rapport, I let one neighbor know his workers were coming in from 8AM-10AM, then 3PM-5PM. He then took better control of management.

 

[LuckyLuke]

Mediation is the right word here. When I started construction on one of my properties (not a tower), I met with each neighbor around the property to see what concerns they had. Each requested I avoid touching certain shared walls, one complained about the lack of privacy from the second floor stairs, another said that he naps from 2:00 PM - 4:00 PM everyday. I did my best to respect each concern and the workers aren't allowed to use heavy equipment from 2 PM - 4 PM daily. Even though it was a pain in the ass to slow the work, the truth is workers down here don't charge hourly anyway. So it's not money "lost" so to speak and goes a long way to show the neighbors that you want to start off with a good relationship.

Doing heavy construction from sun up to sun down, especially in a condo tower is quite disrespectful to everyone IMO.

 

[ben]

Worth noting the text of art. 1973 of the Código Civil y Comercial, which if I understand correctly acts as a fallback in the absence of more locale-specific rules, and the first paragraph of which states as follows (emphasis added):

Las molestias que ocasionan el humo, calor, olores, luminosidad, ruidos, vibraciones o inmisiones similares por el ejercicio de actividades en inmuebles vecinos, no deben exceder la normal tolerancia teniendo en cuenta las condiciones del lugar y aunque medie autorización administrativa para aquéllas.

To quote a fairly recent court decision:
Dada la amplitud de facultades inherentes al derecho de dominio, los vecinos deben soportar ciertas molestias en la medida que deriven del ejercicio regular del derecho de propiedad y no fueran ejecutadas en forma abusiva. Claro está que esta obligación de soportar molestias tiene un límite: la normal tolerancia, pues cuando se excede dicho límite, aparece la restricción, que es independiente de la idea de culpa (art. 10, 1941 CCCN, [other doctrinal source]).

 

[Lanick]

Mediation is the right word here. When I started construction on one of my properties (not a tower), I met with each neighbor around the property to see what concerns they had. Each requested I avoid touching certain shared walls, one complained about the lack of privacy from the second floor stairs, another said that he naps from 2:00 PM - 4:00 PM everyday. I did my best to respect each concern and the workers aren't allowed to use heavy equipment from 2 PM - 4 PM daily. Even though it was a pain in the ass to slow the work, the truth is workers down here don't charge hourly anyway. So it's not money "lost" so to speak and goes a long way to show the neighbors that you want to start off with a good relationship.

Doing heavy construction from sun up to sun down, especially in a condo tower is quite disrespectful to everyone IMO.

It is not disrespectful at all. That is communal living. If you buy a new flat or you want to renovate your home, you can do that as permitted in the relevant rules and laws and this is part of the communal living. If anyone doesn’t want any noise or anything from neighbours then they should consider living in a house on a private land away from people.