Problematic neighbors

I live on the 5th floor, and above me is a neighbor - a student who studies at the music conservatory and lives in an apartment. He plays at all times without considering the residents of the block and on top of that he often throws parties. I have repeatedly made a remark to him, but he does not want to listen. I cannot contact the landlords, as they live abroad. Please advise what measures I should take.
Hello!

 

Leading acts are also ordinances of the Municipal Councils with limited effect on the territory of the respective municipality, which regulate the observance of public order.
The Condominium Property Development Act (ZUES) provides for administrative and penal provisions and describes the procedure by which owners, tenants or users should be punished by the manager if they do not comply with the law and do not fulfill their obligations. In extreme cases, owners and other residents may be forcibly removed from the condominium. The general meeting of the condominium is obliged to adopt regulations for the internal order in the condominium. The decision is made by a majority of more than 50% of the represented ideal shares of the common parts in the condominium. These regulations also regulate issues of a different nature, such as: - prohibition of playing music, singing, loud speech and entertainment, the use of sound systems, washing machines and dishwashers, the performance of production activities and repair work that disturb the peace of the other residents, during the time designated for rest. Exceptions are allowed only with the permission of the Chairman of the Board of Directors (the Manager). Referring to the regulations on the internal order in the condominium, you should contact the Manager, who monitors its compliance. Together you visit the neighbor who violates the order and, if the same person continues the same line of behavior after a warning, the Manager draws up a report on the violation found. The report is signed by him and two neighbors. However, if the Manager is the one who causes problems, you should contact the controller of the condominium, who takes over his functions. The report contains data about the neighbor - the violator, a description of the time and date of the violation. Three identical copies are drawn up, one for the chairman of the management board (manager), the violator and the municipal or regional administration. The penalty is a fine of 50 to 100 leva. The procedure is as follows: After drawing up the protocol, the chairman of the management board (manager) immediately submits it to the Municipal or Regional Administration. They draw up an act establishing the violation. Based on it, the Mayor or an official authorized by him issues a penal decree. In case there is an Ordinance for the Protection of Public Order in force on the territory of your municipality, you can refer to it. The procedure for imposing a penalty is similar to the one described above. A last resort way to deal with noisy neighbors is to report it to the Ministry of Interior. Upon arrival at the scene, the police can verbally warn or draw up a warning protocol for the neighbor, informing him that he is aware of the prohibition on disturbing public order. The protocol is drawn up in the presence of at least one witness and is signed by him, the police officer and the neighbor. If the neighbor refuses to sign, this is certified by the witness's signature. If the neighbor continues to make noise, a violation report is drawn up. When one of the neighbors does not pay the fees for consumables and maintenance of the common areas without a valid reason, some of the following actions may be taken:

 

1. The house manager convenes a general meeting to discuss the problem.

2. A meeting of the owners is convened upon a written request from the owners who have at least 20% ideal shares of the common areas of the building; a written request is prepared to the management board (manager), who is obliged to convene a general meeting within 10 days of receiving the request. At this general meeting, the problem with the neighbor who refuses to participate in covering the costs of the common areas of the entrance is discussed and, if the majority of the neighbors present at the meeting decides, action should be taken to collect the amounts owed by the delinquent neighbor, along with the accrued penalty interest. Before resorting to seeking your rights in court, you can do so administratively. By voting, we can decide to draw up a report of findings for a violation. This report of findings is submitted to the city hall, where they should investigate the problem and issuet act of establishing an administrative violation, and subsequently a penal decree for an administrative violation, as a result of which the defaulting neighbor must pay a fine of 20 to 100 BGN, when he is an individual, from 150 to 350 BGN, when he is a legal entity. In practice, it is best for the manager to fill out an Application for Issuance of an Enforcement Order, to which a copy of the decision of the general meeting to collect the relevant amounts should be attached, as well as the original of the report establishing the non-payment. These documents are filed with the District Court. When you disagree with the decision of the general meeting and find it incorrect, you can file an application with the district court at the location of the condominium within 30 days of the announcement of the decision. Keep in mind that the application does not stop the execution of the decision, unless the court rules otherwise.

This article examines some aspects of the topic and does not represent full analysis of the problem. 

Author: Petya Stoevska, Dr. Sc