Any noise susceptible of disturbing the peaceful enjoyment of the co-owners or occupants of the immovable between the sunset and sunrise.
The co-owners who do not respect the By-laws of the immovable (Declaration of Co-Ownership) are plentiful. Their offences may include nighttime disturbances (abnormal neighbourhood disturbance), noisy animals or non-compliance with parking regulations. Such behaviour can cause serious prejudice to certain co-owners or to the syndicate.
In such a situation, it is up to the Board of Directors to act, by enforcing the regulations set out in the Declaration of Co-Ownership. As soon as a breach is noted or brought to its attention, the Board of Directors must intervene to put an end to delinquent behaviour. The co-owners concerned should therefore not hesitate to turn to their syndicate, in this case the directors, for the implementation of various measures aimed at sanctioning any person at fault.
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.
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?
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