Any noise susceptible of disturbing the peaceful enjoyment of the co-owners or occupants of the immovable between the sunset and sunrise.
There are many co-owners who do not respect the By-laws of the immovable (declaration of co-ownership). Their violations can include nighttime disturbance (abnormal neighbourhood disturbance), a noisy animal or non-compliance with parking rules. These behaviours can cause serious harm to some co-owners or the syndicate. In such a situation, it is up to the board of directors to act, by enforcing the regulations provided for in the declaration of co-ownership. As soon as a breach is found or brought to its attention, in this matter, it must intervene to put an end to the delinquent behaviour. The co-owners concerned should therefore not hesitate to turn to their syndicate, in this case the directors, to implement various measures to punish any person at fault.
In principle, co-owners have the right to enjoy their private portion as he sees fit. In addition, the law provides for a duty of tolerance on the part of neighbours, i.e. to accept the normal inconveniences that may result from the exercise of the right of ownership by the other. However, there are limitations to this use. In the event that the nuisance caused by an occupant of the building becomes excessive, it constitutes an abnormal neighborhood disturbance. It is common for such a case to constitute a breach of clauses relating to the peaceful enjoyment of the private portions, which are provided for in the by-laws of the immovable. That said, an abnormal neighbourhood disturbance does not systematically constitute a violation of the declaration of co-ownership. It should be noted that in certain circumstances, this type of inconvenience may be punished, even if the perpetrator has not committed any fault.
January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division.
This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.
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?
Answer: There are numerous causes to excessive noise, such as:
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