Buenos Aires, December 10 (NA) — Conflicts arising from coexistence, particularly those related to 'annoying noises' within homeowners' associations, grant direct action rights to two authorized parties: the affected owner and the association's administrator. According to information from the Argentine News Agency, citing an analysis by specialist Jorge C. Resqui Pizarro for MicroJuris, although both can take action, their legal powers and scope are not always the same.
Paths for Complaints and Limits The complaint about annoying noise and the request to cease the infringement are processed through the shortest legal procedure.
Administrator's Action: Measures the Administrator can take include: • Serving the offender with a formal letter (carta documento), informing them of the breach of the regulations and civil law. • Requesting mandatory pre-litigation mediation as a prerequisite for initiating legal actions.
Administrative Jurisdiction: In the administrative jurisdiction (for example, in the City of Buenos Aires), complaints about annoying noises are only considered when filed directly by the aggrieved party.
Judicial Assessment In the civil lawsuit to cease the infringement, judges may consider the 'special condition of the aggrieved party' in their punitive assessment.
