Unwanted sound to the person who hears it (in this instance, the co-owner).
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.
11 septembre 2015 — Bien qu’il y ait certains points communs entre les facteurs permettant d’atténuer les bruits aériens et ceux permettant d’atténuer les bruits d’impact, ces derniers sont bien plus complexes à mesurer, classifier et atténuer. Étant donné que les bruits d’impact génèrent beaucoup plus d’énergie que les bruits aériens, ils se propagent plus facilement et rapidement dans la structure du bâtiment.
29 juin 2015 - Cette chronique est la première de trois qui traite du même sujet.
L’acoustique présente des défis à quiconque recherche un niveau de performance en cette matière. Qu’il soit question d’une construction neuve ou d’un projet de rénovation, il importe de se poser les bonnes questions, au bon moment.
The apartments of a co-ownership must be adequately sound proofed; otherwise, discord will be on the menu of the community of co-owners. Quite simply, appropriate soundproofing should be on top of your shopping list.
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.
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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