Definition : Nuisance - Noise pollution

Nuisance caused by noise. In matters of divided co-ownership, the Civil Code of Quebec specifies that each co-owner freely uses and enjoys his private portion and the common portions, provided he complies with the by-laws of the immovable and does not impair the rights of the other co-owners. Therefore the declaration of co-ownership (by-laws of the immovable) generally contains clauses sanctioning noise pollution.

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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.
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In principle, co-owners have the right to enjoy their private portion as they see fit. This use nevertheless has limits, namely that the right of enjoyment must not exceed normal neighborhood inconveniences. If the nuisance caused by an occupant of the immovable becomes excessive, it constitutes an abnormal neighborhood disturbance. This is the case in the event of non-compliance with clauses relating to the peaceful enjoyment of private portions, stipulated in the by-laws of the immovable. However, an abnormal neighborhood disturbance does not systematically constitute a violation of the declaration of co-ownership, as in some circumstances, this type of nuisance can be sanctioned, even if the perpetrator has not committed any fault.
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Acoustic comfort is an important element for the quality of life of the occupants of an apartment building. However, it is recognized that noise is one of the most common nuisances in co-ownership. Many disputes between co-owners arise from the noise generated by each other. This bone of contention generates several disputes. To be honest, the proper sound insulation of apartments is one of the main components to watch out for while shopping for a condo. It should be remembered, however, that "acoustic comfort" is not synonymous with sound transmission index (ITS). This index measures the soundproofing capacity (e.g. of a wall), i.e. the average transmission loss of airborne noise through an assembly, expressed in decibels (db). The higher the ITS index, the better the sound insulation.
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An apartment held in divided co-ownership caught your attention. You seriously consider buying it, but before making a commitment, you would like more information about the neighborhood. To obtain additional information to that supplied by the co-owner seller, it will often be necessary to conduct your own survey. This is important on account of the possibility of abnormal neighborhood annoyances caused by noise, odors and smoke, the main cause of co-owners’ conflicts.  
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