Act by which a lease ceases to be in force for the remainder of its term. It can occur when the lessee does not respect his obligations: failure to pay rent, non-compliance with the by-laws of the immovable. Article 1079 of the Civil Code of Quebec provides that " The syndicate may demand the resiliation of the lease of a private portion ,after notifying the lessor and the lessee , where the non-performance of an obligation by the lessee causes serious injury to a co-owner or other occupant of the immovable ".
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.
Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary for the syndicate to impose sanctions to co-owners or tenants who disregard the by-laws of the immovable. It may even, on occasion, petition the court to assert the rights of all co-owners.
An incompatible activity
When the leased property is an apartment, the lessee must respect the by-laws of the immovable. However more often than not, tourists renting a condo for a short period of time have not received a copy thereof and may not even realize they are contravening its provisions.They sometimes unduly use visitor parking spaces, reducing the number of available spaces. Others are shamelessly parked in spaces owned by co-owners or in their assigned spaces. Moreover, these in and out tourists may be less inclined to be concerned with security and the tranquility of co-owners. In short, they consider their leased unit they as a hotel room.
I am constantly disturbed by noise in my condo, because its soundproofing is deficient. The co-owners living upstairs aggravate me, because of constant barking and loud music. My next door neighbour has the same problem with her neighbors above, who have recently installed hardwood floors!
Question: What are our recourses to remedy this problem?
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