My condo is noisy as hell

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?

Answer: There are numerous causes to excessive noise, such as:

 The builder did not provide adequate soundproofing, despite the developer’s claim of “superior soundproofing”;

• Alterations made by co-owners in their units deteriorated the soundproofing systems of the immovable;
• Occupants insensitive to others and lacking good manners.

Several recourses are available to deal with soundproofing problems. Each situation is unique and requires specific actions. A soundproofing technician or engineer may be called upon to identify the source(s) of the noise.

Depending on the situation, you may:

• Make a complaint to the municipal authorities (in the case of neighborhood abuse), such as nighttime disturbance. If this is the case, the troublemaker faces a fine or, in extreme cases, a prison sentence;
• Require a bailiff to prepare a report who will establish, the time frame of the the neighborhood noise. Being noisy becomes difficult to challenge when it is ascertained by a bailiff. Also, it can be a deterrent upon neighbor(s);
• Require the services of a soundproofing specialist to evaluate and document the observed noise annoyances;
• Initiate a recourse based upon hidden defects or misrepresentations (as the case may be) against the seller, or a claim based on a design or construction defects against the developer, the contractor, and also against the architect or engineer. Prior to these proceedings, it will first be necessary to identify the cause of the deficient soundproofing, and to demonstrate that it is truly caused by a deficiency;

If the immovable is not affected by a defect, and the soundproofing of the immovable is adequate, you can:

•  Initiate a recourse based on article 1080 of the Civil Code of Québec, if the noise contravenes a clause in the declaration of co-ownership;
• Initiate a recourse based on neighborhood annoyances, if the noise does not (after all) contravene the provisions of the declaration of co-ownership;
• Take legal action to obtain an injunction to stop the annoyance;
• Require the syndicate to resiliate the lease, if the offender is a tenant.

Keep in mind that the syndicate is liable for damages caused to co-owners, whether by design or construction defects in the immovable, or by a lack of maintenance of the common portions. If the syndicate does not abide to its obligations in this matter, a co-owner could take legal action against it to be compensated for any damage suffered, subject to complying with the requirements of instigating legal proceedings.

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