Yolanda P. – Ypama Abogados
The issue about dogs is not a case of misrepresentation in Spain. But that doesn’t mean that there is nothing you can do.
We are talking about health issues related to noises and smells.
So, if I were your lawyer, I would check all the laws in your Town and Comunidad Autónoma about health issues and animal protection.
Also and meanwhile, I would request the Community of Owners to take action as this neighbour is incurring in what it is called “actividad molesta e insalubre” and it is against article 7.2 LPH.
The Community should issue a request to the owner of the apartment to make sure noises and smells stop (if it is a tenant, the request should be sent to the owner of the apartment).
If neighbour doesn’t change his attitude, the owner can be taken to court.