When you live in a condominium there are rules to follow, in particular the rule of not making noise at certain times of the day.Condominio-Imilanesi.nanopress,it
Let’s start by saying that there are different time slots that must be respected by those who live in a certain context, such as a condominium . Given that there may be differences decided by the palace administration, there are nevertheless some general guidelines.
The free time slots generally run from 8.00 to 13.00 in the morning and from 16.00 to 21.00 in the evening. The rest of the time is spent resting, so noises in those moments are considered annoying .
However, they must exceed a tolerability threshold , i.e. approximately 3.5 decibels . Anyone who does not respect these times may incur civil or criminal action from other condominium owners. Any temporary exemptions must be decided by the condominium administrator with the consent of the condominium members.
The definition of annoying noises is variable, depending on the situation. These are the main ones: excessively loud television or radio or frequent parties at night, walking in heels.
Phonometric assessment
Or children screaming, arguments and the use of tools such as drills or similar. Initially, those who are disturbed can turn to the administration or whoever is responsible. This then requires the cessation of the disturbing fact.
If, however, the issue is not resolved, the interested person can turn to the judge with a phonometric report from a technician or with a witness . The magistrate thus establishes exactly whether the noise exceeds the tolerable threshold.
Before the sentence will be evaluated three aspects: the place , the persistence and the time . In the event that a noise disturbs only one condominium owner, a civil offense is committed . The lawsuit will aim to obtain compensation for damages.
The judge will thus be able to order, with the conviction for disturbing noise, immediate cessation . Possibly also the obligation of the disturber to soundproof the apartment and the amount of compensation.Lite-Imilanesi.nanopress.it
This pursuant to article 2043 of the Civil Code. If the noise causes proven damage , for example to psycho-physical health, a warning letter is sent. This must contain detailed information on the personal details of the suspect, the condominium where the disturber lives, any witnesses and all the details of the facts damaging the peace.
Crime
Finally, the request to stop the noise, under penalty of appeal to the judicial authorities . This letter can be sent via registered mail or delivered by hand. Otherwise, if the issue involves the majority of condominium owners, we are faced with a crime of disturbing the peace.
And this falls under article 844 of the Civil Code and article 659 paragraph 1 of the Criminal Code. In this specific situation, you can file a complaint by calling the police or traffic police. Here too it is possible to obtain compensation for damages by becoming a civil party in the criminal proceedings.