What can the property manager do in case of neighborly dispute or harassment?

16 - 11 - 2016

The issue of neighborly disputes is a delicate problem, it determines the living environment of the building. That is why the rules of procedure contain codes of conduct for the use of the private and common parts. In principle, the owner has full right of enjoyment of his own property, but he cannot harm the rights of the others while doing so.

Although nuisance (often) is something subjective, things that are “too much” will be penalized. Of course, there are numerous used measures for what is normal and what is abnormal in court.

Disputes between the residents are rather private matters and solving these quarrels does not fall under the property manager’s tasks (a property manager is not a justice of peace). Although, your property manager is often willing to think of a solution for these situations, this is not a legal task for the property manager.

When a dispute exceeds the privative character, the property manager does play a role. The property manager will initially try to mediate; first of all by telephone, and if necessary with a registered letter.

If this does not solve anything, a fine can be written out (if this is foreseen in the rules of procedure or if it was decided by the general assembly). If this way of action also has no success, the property manager will take legal action with approval of the general assembly (i.e. to start up a procedure for the justice of peace on behalf of the Homeowner Association). Although preferable, no permission of the general assembly is needed in case of urgency. If the majority of the general assembly confirms the hindrance, it is an important element for the justice of peace.