Let's talk about harrasment in the owners' Community
In the owners' community the majority of conflicts can be managed and solved, however, it is not always like this. Then in people's mind appear feeling like: dissatisfaction, bitterness and disdain for rules and people. So, it is undeniable that harassment exists: Let us talk about it!
In English there are two words to refer to this reality: 'blocking' and 'stalking'. These concepts do not mean the same thing: 'blocking' means: 'neighborhood harassment' and 'stalking' means: cripple others' existance'. The difference between the two is that the Spanish legislator has chosen the second to classify the behaviour as a crime - contemplating more assumptions than those of the criminal offense of 'coercion'-. With the approval of Organic Law 1/2015, March 30, 2015, the Criminal Code was reformed in its article 172 that we reproduce below:
'Anyone who harasses a person by persistently and repeatedly engaging in any of the following conduct without being legitimately authorized shall be liable to a term of imprisonment of three months to two years or a fine of six to twenty-four months, thereby seriously altering the course of his or her daily life':
1.- Keep an eye on his/her, pursue her or seek his/her physical closeness.
Establish or attempt to establish contact with his/her through any means of communication, or through third parties.
3.- Through the improper use of your personal data, acquire products or goods, or contract services, or make third parties contact his/her.
4.-Attack against his/her freedom or against his/her assets, or against the freedom or assets of another person close to his/her'.
Who are te stalking goals? Other neighbors (whether tenants or owners), the President of the Owners' Community, the Secretary or the Proprerty Administrator'. The Supreme Court has established that the harassing behaviour must be continued and with an intenttion to interfere in the victims' daily life.
We will then guide you out of the conflict:
If you harass another person: stop immediately your behaviour. Trust yourself, use other means to express your discomfort: explain your position in the Board of Owners, talk you think you are harmed by, use the Administrator mediation, in addition, you can put to the vote of the Board the administrator replacement.
If, on the other hand, you are a neighbor (owner or tenant) victim of stalking, you must:
1. Talk face-to-face with your stalker: the stalker often feels harmed by the victim's action or omission. Use the word to try to reach an agreement.
2. Seek out-of-court mediation: grievances make dialogue impossible between the individuals directly affected. We recommend you to prioritize the mediation of your Property Administrator in community issues: dampness, hiden works at home, excessive noise, etc. For other matters opt for the College of Administrators of Barcelona and Lleida (93 451 02 02) or the Barcelona Townhall (93 422 15 45) -from 9 AM to 2 PM-.
3. Denounce: if the previous steps have not worked, all that remains is to opt for a criminal complaint. It is essential to provide harassment evidence : a Whatsapp, the recording of a security camera, an email (validated by an expert), an SMS or even a threatening handwriting. If the complaint is not proven, it will be filed and you may even be accused of making a false claim.
If you are the Administrator and you are harassed there is an important nuance:
You are a colleged professional, therefore, dialogue should be your main resource to convince him to always watch over his interests with loyalty and transparency. However, as no one deserves to suffer 'stalking' you can always decide to leave the meeting you are attending or leave the community administration.
We believe that we have managed to summarize how to face the problem. Anyway, don't hesitate to contact us: our administrators and lawyers will help you.
.
.