17-09-08, 00:00
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#9 (permalink)
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The law on pets on complexes is discussed HERE:. In a nutshell: Quote:
Spanish law legislates against loose animals in ALL places, and this includes communal areas of complexes. Moreover, Spanish law is only ever concerned with owners, so by default, only they have an automatic right to keep pets on complexes: tenants may do so, but only if their contract expressly permits it or, at the least, does not prohibit it. The law requires ANY pet, however, to be kept on a lead in communal areas. This applies to cats as much as dogs.
The law does not allow for the excuse that an animal cannot be prevented from roaming loose in communal areas, an excuse usually related to cats. The law, however, sees this as entirely the problem of the animal’s owner, and if the police are called, a file will be opened. Repeat complaints to the police will result in the animal’s owner being taken to court, with the file used as evidence against him/her. The case itself will be undertaken, usually, in the name of the Community’s president.
A judge will take the president´s side every time. The president of a community is there, essentially, to stop such things taking up court time, and the court would view the pet owner as responsible for the case ending up in court because s/he would have failed to comply with instructions from the community president. If any pet owner who has been taken to court does not immediately obey the court ruling to control or get rid of the pet, then the court has the power to evict the individual from the premises. This is even true if the individual is an owner.
In a nutshell: it does not matter at all whether a community has rules about animals. The issue is covered by Spanish Law.
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__________________ Janet Anscombe Associates The Tenerife Experts for anyone living in or moving to Tenerife Visit our website www.janetanscombe.com
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