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Juridik - Stadgar och Lagar - BrL, LEF
Tolkningar av lagar och stadgar, Likabehandlingsprincipen, Lagen om ekonomiska föreningar (LEF), Bostadsrättslagen (BrL), vårdplikt, lydnadsplikt, lojalitetsplikt, informationsplikt, jäv (styrelse/stämma, för revisorer, HSB-representant, ledamöter, mötesordförande, m.fl.), trivselföreskrifter. Faktabanken innehåller många viktiga tips! Faktabanken RSS-feed för juridikforumet som du kan prenumerera på, utöver den möjlighet till prenumeration på ämnen som ges i forumet!

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  #1  
Gammal 2021-05-15, 16:52
malekmoh malekmoh är inte inloggad
Medlem
 
Reg.datum: May 2021
Inlägg: 4
Standard Noisy and careless neighbour

Hello,

First of all, sorry for writing in English, my Swedish is not still good.

We moved to our apartment about 1.5 years ago and since then have had problems with one neighbor. The neighbor has 2 kids, 7 and 10 years old, who are very noisy (fighting, screaming, running, jumping, slamming doors). I understand that the noise from kids are acceptable. However, first, they are not very young and second, they are extremely noisy and some time they shake our floor and even cups in the cupboard. They also make the noise sometimes before 7:00 am or after 10:00 pm. I have talked to them as well as the BRF. The BRF usually responds that it’s hard to believe and we need to get along. One person from BRF has visited our and their apartment, yet I haven't seen any improvement from the neighbor.

From about 2 months ago, they got a dog and started to create new problems: 1) They are resting the dog, sometimes unleashed, in the residential yards, which is against the BRF’s code of conduct and have scared my son and wife. 2) The dog makes urine quite frequently in stairwell and entrance door and the mess is not cleaned properly and quickly. I have also complained about this to the neighbor but got this response that I am the only one who is complaining and need to adapt (probably since I was born outside Sweden). I informed the BRF via email, but they didn’t answer.

Now, I am seeking advice from you if I can make the BRF correct this neighbor’s behavior and would be so much grateful for the help.

Kind regards,
Reza
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  #2  
Gammal 2021-05-16, 21:53
merbzt merbzt är inte inloggad
Yotta-medlem
 
Reg.datum: Mar 2018
Inlägg: 244
Standard

Regarding the kids: I don't think there is any successful path of action here. But the dog issues are easy to verify. Just take a few photos and you have the evidence you and the BRF board needs for a formal complaint.
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  #3  
Gammal 2021-05-17, 10:04
malekmoh malekmoh är inte inloggad
Medlem
 
Reg.datum: May 2021
Inlägg: 4
Standard

Thanks for your answer.

So an email is not considered as a formal complaint and I need to sent a printed version of complaint?

Thanks in advance for your help.
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  #4  
Gammal 2021-05-18, 17:25
merbzt merbzt är inte inloggad
Yotta-medlem
 
Reg.datum: Mar 2018
Inlägg: 244
Standard

Citat:
Ursprungligen skrivet av malekmoh Visa inlägg
Thanks for your answer.

So an email is not considered as a formal complaint and I need to sent a printed version of complaint?

Thanks in advance for your help.
Sure it is. My point is that you should document things in a manner that it makes it easy for the board to file a formal complaint against the other member. As example a picture of the neighbour and the dog and then a zoomed in version where you clearly see that there is no leash. Then do that 5 times more. That is indisputable proof.

You mentioned other issues also but I advice you to focus on things that can not be excused away.

And maybe your complaint was not formally posted. You should file a motion that you want the board to handle on the next board meeting.
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  #5  
Gammal 2021-05-19, 11:53
malekmoh malekmoh är inte inloggad
Medlem
 
Reg.datum: May 2021
Inlägg: 4
Standard

Citat:
Ursprungligen skrivet av merbzt Visa inlägg
Sure it is. My point is that you should document things in a manner that it makes it easy for the board to file a formal complaint against the other member. As example a picture of the neighbour and the dog and then a zoomed in version where you clearly see that there is no leash. Then do that 5 times more. That is indisputable proof.

You mentioned other issues also but I advice you to focus on things that can not be excused away.

And maybe your complaint was not formally posted. You should file a motion that you want the board to handle on the next board meeting.
Now, I understood what you mean. Many thanks for the clarification.
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  #6  
Gammal 2021-06-17, 18:19
mikes mikes är inte inloggad
Duktig medlem
 
Reg.datum: Jun 2021
Inlägg: 10
Standard

I had the same situation as you have for over 2 years (But with 6 kids and 2 adults)

They are not allowed to make how much noice they want, But it is almost impossible to get any legal help and action on the matter. ( I paied for a lawyer )

You have to document all disturbances ( Date , time and what kind of noice or record it )

I had over 300 documented disturbances and sent them daily to the board.

The board can send a "Rättelse om anmodan" basically a letter to the owner that says " Follow our stadgar and don't make Noice like you did on date, date , date , time "

Then they have to obey at once otherwise they risc "losing the ownership" but this is almost impossible to enforce.

My board sent 3 "Rättelse om anmodan" but they where sent months a part and the lawyer said you have to send them like once a week and provide proof they dont "Correct them self".

The laywer told me the Bostadsrätts lag ( The law about owned apartments ) is very complex and very rarely tested in court ( Not to many want to bring neighbors or boards to court and there is lot's of formality prior to this can even happen )

The board tried to talk to the family several times and so did I but nothing helped until one day I started make the same noice and did a playback of their noices ( I recorded ) and blasted on full volume to their apartment so they could "Listen to them self"

It had some effect because they moved 2months later...

So document, provide info to the board, ignore them or do the same noice.

Best of luck!
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  #7  
Gammal 2021-06-22, 14:30
malekmoh malekmoh är inte inloggad
Medlem
 
Reg.datum: May 2021
Inlägg: 4
Standard

Citat:
Ursprungligen skrivet av mikes Visa inlägg
I had the same situation as you have for over 2 years (But with 6 kids and 2 adults)

They are not allowed to make how much noice they want, But it is almost impossible to get any legal help and action on the matter. ( I paied for a lawyer )

You have to document all disturbances ( Date , time and what kind of noice or record it )

I had over 300 documented disturbances and sent them daily to the board.

The board can send a "Rättelse om anmodan" basically a letter to the owner that says " Follow our stadgar and don't make Noice like you did on date, date , date , time "

Then they have to obey at once otherwise they risc "losing the ownership" but this is almost impossible to enforce.

My board sent 3 "Rättelse om anmodan" but they where sent months a part and the lawyer said you have to send them like once a week and provide proof they dont "Correct them self".

The laywer told me the Bostadsrätts lag ( The law about owned apartments ) is very complex and very rarely tested in court ( Not to many want to bring neighbors or boards to court and there is lot's of formality prior to this can even happen )

The board tried to talk to the family several times and so did I but nothing helped until one day I started make the same noice and did a playback of their noices ( I recorded ) and blasted on full volume to their apartment so they could "Listen to them self"

It had some effect because they moved 2months later...

So document, provide info to the board, ignore them or do the same noice.

Best of luck!

Hi Mikes,

Many thanks for sharing your experience! I really appreciate that.

Sometimes, when we realize that someone else has experienced the same problem, we can calm ourselves down and more easily focus on solving the problem.

Kind regards,
Reza
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