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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.
12/12/2024
I would like to replace the carpet in my apartment with hardwood flooring, in order to improve the aesthetics and comfort of my residence, while increasing its long-term value. However, a director informed me that prior authorization from the board of directors was required to make this change. He also told…...
17/09/2024
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…...
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14/09/2024
Has a condo in divided co-ownership caught your attention? Are you seriously considering buying it, but first, you'd like to know more about the immediate neighborhood? To gather additional information beyond what the seller has provided, you will often need to conduct your own investigation. This step is important on…...
13/07/2024
I have been a member of the board of directors of our co-ownership for ten years. We have in our building two families who have recently moved in with small children. Since then, some elderly co-owners have complained about the noise generated by crying, moving furniture and the noise of…...
01/07/2024
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.…...
30/06/2024
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…...
16/06/2024
In principle, the work undertaken by the syndicate should not cause harm to a co-owner. If he suffers a prejudice beyond a mere temporary nuisance, he is then be entitled to an indemnity. Article 1067 of the Civil Code of Quebec states that a co-owner may be indemnified by the…...
09/08/2022
I am a co-owner in a co-ownership in phases of 10 syndicates of co-owners who share a grassy lot in common part. Until the arrival of young children in the condos the space was not very busy. Currently it is the regular meeting place for children and their parents (end…...
06/04/2022
Le mercredi 30 mars 2022, la Webradio de Condolegal.com était entièrement dédiée au sujet de l’acoustique en copropriété. Le bruit constitue l’une des nuisances les plus courantes en copropriété. Moult différends entre copropriétaires découlent du bruit généré par les uns et les autres. Ces pommes de discorde génèrent plusieurs litiges.…...