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Author Topic: Keeping pets in Complexes  (Read 3929 times)

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Sweeney Todd

Keeping pets in Complexes
« on: September 22, 2010 »
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  • Can somebody help me. Various complexes in Tenerife are banning pets, I have been told that there is a law in Tenerife that everyone can keep pets in their home and nobody can stop them - I have also been told that this information is incorrect. To clarify this once and for all can somebody tell me where I can see a copy of this law.

    Offline Dolly Diver

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    Re: Keeping pets in Complexes
    « Reply #1 on: September 22, 2010 »
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  • There is a law which states that an owner of an apartment is entitled  to keep pets.  However the community can decide that dogs must be kept on a lead while on community property, corridors, footpaths etc.  There is a book available in English called Community Law

    A tenant can keep a pet if they have permission from the owner of the property.  However if the community object to this because of pets being noisy or destructive it can stir up a heap of trouble ,sometimes ending in the tenant being denounced.

    Sweeney Todd

    Re: Keeping pets in Complexes
    « Reply #2 on: September 22, 2010 »
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  • Hi Dolly, Thanks for that - where can I have sight of the official Law?
    « Last Edit: September 22, 2010 by Sweeney Todd »

    Offline Dolly Diver

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    Re: Keeping pets in Complexes
    « Reply #3 on: September 23, 2010 »
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  • Sorry no idea.  Maybe put your question to one of the community management companies Delmar, Universal Properties there are several others.

    Sweeney Todd

    Re: Keeping pets in Complexes
    « Reply #4 on: September 24, 2010 »
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  • I am getting very suspicous about this so called Law - nobody can show me it in writing. How does anybody know it exists if they cannot tell you where to find it.

    grockle

    Re: Keeping pets in Complexes
    « Reply #5 on: September 24, 2010 »
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  • I would imagine that this may be something that falls within the small print of the Horizontal Property Law affecting communities as suggested earlier by Dolly, but if you require a definitive legal answer, you are going to have to consult a gestor or lawyer for the precise ins and outs of the law.

    Good luck.

    BILLY THE KID

    Re: Keeping pets in Complexes
    « Reply #6 on: September 25, 2010 »
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  • If you own an apartment, you are entitled to keep a pet.

    The problem arises when you become foul of complex rules, for example in my complex Dogs are banned from the POOL area (Totally) and the underground GARAGE area.
     
    When passing through corridors they must be on a lead and mussled (If required by law).

    Excessive barking or barking at night will also not be tolerated.

    If you abide by the rules regarding Pets on Community property, you should have no problem.


    Sweeney Todd

    Re: Keeping pets in Complexes
    « Reply #7 on: September 25, 2010 »
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  • Hi Billy, thanks for that - can you please tell me where you have seen this Law in writing. I should be interested to know where you found it.

    Offline Mr Max

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    Re: Keeping pets in Complexes
    « Reply #8 on: September 25, 2010 »
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  • Go to a lawyer, or get an appointment with the complex President or secretary and ask them to show you the law, or better still use google, it is all there

    Sweeney Todd

    Re: Keeping pets in Complexes
    « Reply #9 on: September 25, 2010 »
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  • Mr Max, Can you be kind enough to tell me where it is on Google it is and give me a link - I have tried with no success also I have tried a Lawyer online and they are confused about this Law

    Mari Pili

    Re: Keeping pets in Complexes
    « Reply #10 on: September 25, 2010 »
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  • Here is a link to an English translation of the Horizontal Property Law, where I don't think it specifically mentions the keeping of animals, which is normally covered in the statutes of the community of owners of the building, and is also governed by the municiple by-laws, as to how many pets you can have, health and safety etc. 
    http://www.icamalaga.org/funcio/legales/coleg6/lphesping.doc

    If you like, send me a private email with more information on your particular case and I'll see if I can advise you further.

    Sweeney Todd

    Re: Keeping pets in Complexes
    « Reply #11 on: September 26, 2010 »
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  • Mari - You have been so helpful - Thanks for the link - As I have suspected there is no such Law that says Everybody can keep a pet in thier house and nobody can stop them. It is down to each complex to make the rules.

    Mari Pili

    Re: Keeping pets in Complexes
    « Reply #12 on: September 26, 2010 »
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  • Glad to be of help.  Have sent you a private message with more information.

    Sweeney Todd

    Re: Keeping pets in Complexes
    « Reply #13 on: September 26, 2010 »
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  • Mari you have been so heplful - I have replied to you in personal email

    Offline Dolly Diver

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    Re: Keeping pets in Complexes
    « Reply #14 on: December 08, 2010 »
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  • Answer from Mari  Pili to Sweeny Todd
     Yes in general terms you are covered by the Civil Code (superior to the
     Horizontal Property Law) which permits you to have a pet in your property
    PROVIDED THAT you conform with any other laws and by-laws such as health
     and safety, not being a nuisance to others, etc. etc.

    HOWEVER, the Community of Owners CAN ban animals from the public areas of
     the building, such as pool (definitely) lifts, corridors, entrance halls,
     garages, etc.

    My advice would be to:
     a) Get a copy of the Statutes of your Community and also the Internal
     Rules (Normas de Regimen Interno)
     b) Also if at any time the Community has tried to enforce this ban, ask
     for a copy of the minutes of the meeting where it was approved by
     assembly.
     c) Check out if any other owners have pets.
     d) Find out if there is a specific reason why this ban is being
     implemented, because you can't blame ALL for the actions of ONE
    undiscerning owner.

     As a final note, don't go around with the attitude "you can't touch me,
     I've got the law on my side", be sure of all the facts, backed up by
     documentary evidence, and remember things can get very unpleasant in
     communities especially when you are living in "their country".
     Culture class still exists I'm afraid.

     Good luck and contact me again if you need anything further.

     Best regards

     Mari