In Spanish residential complexes, issues related to smoking continue to spark considerable debate among neighbors. Although the number of smokers is steadily declining, the problem of ash and cigarette butts being thrown from balconies and terraces remains relevant. It is not uncommon for careless neighbors to shake out ashes or toss cigarette butts, which then end up on another resident’s balcony or inside their apartment.
Such actions not only create a mess but can also pose a danger: a smoldering cigarette butt could cause a fire or damage property. Additionally, this behavior violates community norms and may be considered harmful, dangerous, or illegal under Spanish cohabitation laws.
If you face such a situation, it is best to act step by step. First, it is recommended to try to resolve the issue amicably—speak with your neighbor and explain the problem. Sometimes, a person may simply be unaware of the consequences of their actions and may be willing to change their behavior after a personal conversation.
If the conversation does not yield results, the next step is to contact the president of your homeowners’ association or the building manager. By law, the president is required to officially demand that the offender cease such actions. This is usually done in writing, with a warning about possible legal consequences if the incidents are repeated.
To confirm the violation, it is important to gather evidence: photographs, videos, statements from other residents. These materials may be needed if the matter goes to court.
If the situation does not change after an official warning, the chairperson may initiate an extraordinary meeting of the homeowners. At this meeting, the issue is discussed and a decision is made on further actions, up to and including taking the matter to court.
According to Article 7.2 of the Ley de Propiedad Horizontal, if the complaint is confirmed and there is evidence, the court may order the immediate cessation of the offending activity. In particularly serious cases, the offender may be temporarily deprived of the right to use the apartment or be required to pay compensation for damages. If the offender is not the property owner, the court may terminate their right to reside in the apartment.
Thus, in cases of systematic violations by a neighbor who throws ash or cigarette butts onto your balcony, there is a clear procedure to follow:
1. Try to resolve the issue through a personal conversation.
2. Report the problem to the chairperson or building manager.
3. Gather evidence of the violations.
4. If necessary, initiate a meeting of the residents.
5. If the situation does not change, seek legal advice and consider filing a claim.
Following these steps will help protect your rights and ensure safety at home. It is important to remember that the law in Spain supports those who seek order and respect for their neighbors.
