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An element that is permanent, continuous, or intermittent in nature, and which negatively impacts the quality of life or health of a natural person due to the harm it causes. Nuisances can be, for example, noise-related, caused by sounds from the neighborhood (e.g., noisy animals). They can also be olfactory, due to the emission of odors (e.g., smoke from smoking), or visual when related to the immediate environment (e.g., the installation of a clothesline on a balcony). The declaration of co-ownership includes many prohibitions related to nuisances.
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…...