Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.
Living in a condominium: knowing the limit of what you have to endure
If there is one thing we cannot choose in our lives, it is our neighbours. As much as they can become good friends, they can also become a real hell. In fact, it happens that the habits and behaviours of certain neighbours can lead to conflicts, especially in the case of a condominium. It is therefore important to know your rights and the limit of tolerance that you can endure as a neighbour.
Neighbourhood disturbances
“Neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance they owe each other, according to the nature or location of their land or local usage.”
Article 976 of the Civil Code of Québec (C.C.Q.)
This article creates a regime of no-fault liability in the case of a neighbourhood disturbance where it is shown that the use made by one of the neighbours of his right of ownership is incompatible with the enjoyment of the right of ownership of the other.
There are therefore normal and abnormal neighbourhood annoyances. For example, temporary noise caused by a neighbour’s renovation work is considered a normal annoyance. In fact, although it is an unpleasant disturbance, because of its frequency and duration, it must be tolerated.
In contrast, the situation is different if your neighbour has transformed his condo into a workshop and the noise from the construction work is constant and permanent. In a residential building, this is an abnormal inconvenience.
We refer you to a previous blog, “Do I have any recourse against an intolerable neighbour“, in which we gave several examples of neighbourhood disturbances.
Recourse by the co-owner
Every divided co-ownership is governed by a document called the “Declaration of Co-ownership”. It contains the essential rules for living in a condominium, particularly those relating to the enjoyment, use and maintenance of the private and common portions of the property, and helps to prevent many conflicts. The declaration is generally completed by the building’s rules and regulations, which contain the rules relating to the operation and administration of the condominium, as well as the procedure for the assessment and collection of contributions to the common expenses.
Thus, from one co-ownership to another, the rules will not be the same. For example, one co-ownership may allow owners to smoke inside their private area (their condo) while another will prohibit it.
However, despite the fact that the by-laws of the building authorize a use, this use may still constitute an abnormal neighbourhood annoyance.
The co-owner who suffers from this disturbance can then:
- Attempt to settle the dispute amicably or through mediation;
- Intervene with the Board of Directors of the condominium or request the amendment of the by-laws of the building to prohibit this use;
- Send a letter of formal notice to request that the disturbance be stopped;
- And if this is unsuccessful, go to court to obtain an injunction to stop the disturbance and obtain monetary compensation for the damages suffered as a result.
If you consider that you are suffering from an abnormal neighbourhood inconvenience or if you are accused of such harmful behaviour, do not hesitate to contact us to discuss the matter and determine the best approach to resolve the dispute.