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Nuisances that exceed the normal annoyances that the neighbors must accept (noise, odors, dust, smoke, etc.), according to the nature or location of their land, dwelling or local usage. To be abnormal, the annoyance must be severe to the point of being intolerable. In 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 that he respects the by-laws of the immovable and does not infringe the rights of the other co-owners or the destination of the immovable. This is why the By-laws of the immovable generally contain clauses sanctioning abnormal neighborhood disturbances. The victim of a neighborhood disturbance may apply to the court for an application for injunction or damages against the person who causes it, when it is continuous or repetitive and the inconvenience caused is real and serious
19/07/2025
A co-owner in our building regularly complains about second-hand smoke coming from his neighbour's balcony, where both cannabis and cigarettes are being consumed. He claims that the smoke infiltrates his unit and negatively affects his quality of life. Other residents are beginning to support this complaint, citing health concerns, respiratory…...
14/07/2025
As a member of the board, I would like to report a situation concerning the grassy area in the common portion. Previously little used, it has become a gathering place in the late afternoons and on weekends since the arrival of young children in the co-ownership. Water games and inflatable…...
09/03/2025
In our co-ownership, we have noticed that the presence of dogs can sometimes be a source of nuisance, whether it be frequent barking, odors, or the cleanliness of common areas. Several co-owners have expressed their wish to maintain a peaceful and harmonious living environment. In response to these concerns, we…...
13/02/2025
Le mercredi 12 février, lors de la webradio Condolegal, nous explorions un sujet complexe en copropriété : la psychologie du voisinage en copropriété. Vivre en copropriété, c’est bien plus qu’un simple partage d’espaces communs. C’est aussi une question de relations humaines et d’harmonie entre voisins. Cette émission est l'occasion de mieux…...
12/02/2025
Le mercredi 12 février, lors de la webradio Condolegal, nous explorions un sujet complexe en copropriété : la psychologie du voisinage en copropriété. Vivre en copropriété, c’est bien plus qu’un simple partage d’espaces communs. C’est aussi une question de relations humaines et d’harmonie entre voisins. Cette émission est l'occasion de mieux…...
10/01/2025
You have just purchased your new condo, and for some time now, you’ve been hearing noise that prevents you from peacefully enjoying your unit, or even completely disrupts your sleep. You ask your neighbors, and they are facing the same issue. Noise can cause stress, frustration, fatigue, and even lead…...
03/01/2025
The owner of the apartment below mine uses a barbecue almost daily on their balcony, despite the rules established in our declaration of co-ownership. Each time they use it, the smoke and the smell of grilled meat invade my space, to the point that I can no longer enjoy my…...
29/12/2024
Living in a co-ownership involves striking a balance between enjoying one's unit and respecting the neighborhood. But what happens when this balance is disrupted by excessive and persistent behavior? A landmark judgment sheds light on the legal consequences of disproportionate intolerance in a co-ownership setting. This case highlights how crucial it…...
28/12/2024
I live on the 5th floor of an 8-storey building. The co-owner on the 7th storey uses his balcony to let the dog urinate and defecate. Unfortunately, the urine and droppings fall back on our balconies. The situation has been going on for almost two years. We sent him e-mails,…...
24/12/2024
In my building, the soundproofing is inadequate, amplifying the noise from neighboring apartments. I am constantly affected by the nuisance caused by the incessant barking of my upstairs neighbors' dogs and their excessively loud music, which disrupts my quality of life. My neighbor, on the other hand, faces a similar…...
09/12/2024
I adopted my dog many years ago, and he is much more than just a pet—he is part of my family. However, to my surprise, the board of directors of my co-ownership decided at their last meeting that he would now be considered a "harmful animal". This decision was imposed…...
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.…...
15/06/2024
June 16, 2024 – The barbecue season has been underway for some time now. However, this summer habit can lead to abnormal neighborhood disturbances. Most of the time, conflicts arise from their abusive use, especially when these devices are located near a neighbor's bedroom and the smells from what is…...
04/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet délicat: les troubles anormaux de voisinage. Il rappelle que tout copropriétaire a le droit de jouir de sa partie privative comme il le souhaite. Cependant, la loi prévoit également un devoir de tolérance des voisins, c’est-à-dire d’accepter les inconvénients…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Me Yves Joli-Coeur aborde un problème fréquent et souvent négligé : la mauvaise insonorisation des appartements détenus en copropriété divise. La mauvaise insonorisation peut être une source majeure de conflits entre voisins et peut affecter considérablement votre qualité de vie. Avant d’acheter un appartement…...
02/12/2023
December 2, 2023- If the bailiff can only make purely material findings, excluding any opinion on the factual or legal consequences that may result, his finding must not appear in the eyes of some as a restriction. Indeed, the definition of the role of the bailiff is, on the contrary,…...
09/10/2022
My upstairs neighbor set up bird feeder on her balcony. However, this attracts a lot of birds that make droppings on my balcony, causes an unpleasant sound noise (blue jays), and my cats who are used to going to the balcony catch the birds and eat them. Also, I fear…...
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13/08/2022
New co-owners have recently moved in. They cook a lot, a lot, with a lot of spices and other condiments. As soon as it gets out of the elevator an intense smell runs through the entire corridor. It is unbearable. Question: Is there a regulation/section of law regarding this inconvenience?...
30/03/2022
La webradio du 30 mars 2022 a porté sur 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. Pour tout dire, l’insonorisation acoustique adéquate…...
15/04/2020
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14/01/2019
Another decision regarding noise in co-ownership in Quebec has recently contributed to the ongoing issue of abnormal neighborhood disturbances. This judgment was rendered by the Honourable Luc Huppé, Judge at the Court of Quebec – Small Claims Division. It was demonstrated in this case that co-owner landlords can be held…...
24/08/2010
Mon voisin de palier vit seul dans son condo. Il souffre de délire paranoïaque et, chaque nuit, frappe dans le mur avec un marteau ou un bâton, prétendant que j’opère une imprimerie dans mon unité. Il dit qu’il sent des vibrations en provenance de mon appartement. Je lui ai déjà…...