Living in a condominium means sharing close quarters with your neighbours … a proximity that can sometimes generate tension. Repetitive noises, unpleasant odours, misuse of common areas: these everyday nuisances can quickly diminish quality of life and sour the overall atmosphere in the building.
In this article, learn how to identify a neighbourhood disturbance, prevent conflicts and, above all, understand your rights and possible remedies as a co-owner. A practical guide to fostering harmony and keeping good relations.
Understanding neighbourhood disturbances in a condominium: what does the civil code say?
In everyday language, a neighbourhood disturbance refers to any inconvenience linked to living side by side, noise, smells, disruptive behaviour, and so on. Legally, however, not every annoyance constitutes a wrongful act.
Quebec’s Civil Code lays down a key principle: no one may cause another person an abnormal disturbance that exceeds the normal inconveniences of community life.
In other words, for a neighbourhood disturbance to be deemed abnormal, two conditions must be met:
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The nuisance must be abnormal or excessive in terms of intensity, frequency or duration.
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The nuisance must cause concrete harm to the affected person, loss of comfort, sleep disturbances, significant stress, etc.
In a condominium, this principle is especially relevant. Occupants share not only party walls but also common areas, stairways, lifts, parking spaces, balconies, courtyards… Such proximity makes respect for neighbour essential, yet it can also be a source of more frequent tensions.
What are the most common abnormal neighbourhood disturbances in a condominium?
Certain nuisances crop up repeatedly in condominiums and can quickly upset community life. The most common include:
1. Noise-related nuisances
Footsteps, overly loud music, late-night parties, construction outside permitted hours… Noise is a leading cause of neighbour disputes, particularly in poorly soundproofed buildings where every sound feels intrusive.
2. Olfactory nuisances
Persistent cooking smells, cigarette or cannabis smoke, poorly managed rubbish… Bad odours can invade common areas or neighbouring units and become extremely bothersome day to day.
3. Abusive use of common areas
Storing objects in hallways, obstructive parking, cluttered lobbies or stairwells, unauthorized use of shared rooms… Common areas must remain accessible and free of unauthorized occupation. Misuse is often frowned upon and quickly becomes a problem for other co-owners.
4. Failure to comply with the condominium by-laws
Pets not kept on a leash, excessive noise, non-compliant security cameras, commercial activity in a quiet residential block… When by-laws are ignored or poorly applied, tensions soon arise.
Whatever the nuisance, the guiding principle is the same: everyone must be able to enjoy their unit peacefully without undermining others’ tranquility.
Rights, duties and limits of co-owners: the role of the declaration of co-ownership
The declaration of co-ownership is fundamental to collective living. A genuine charter of good neighbourliness, it defines each person’s freedoms and obligations to ensure harmonious coexistence in the building.
The by-laws govern both the use of private areas and that of common areas, specifying what is permitted, tolerated or strictly forbidden. For example:
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Audible noise in dwellings may be prohibited after 10 p.m.
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Some by-laws forbid pets in common areas.
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Specific time slots may be imposed for renovation work.
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Strict rules may apply to maintenance or use of corridors, gardens or lifts.
The declaration of co-ownership carries legal weight: every occupant must comply. If not, the syndicate may step in and impose sanctions on offenders.
Being a good neighbour: preventing conflicts for better living together
In a condominium, it is far better to forestall tension than to manage disputes later. The keys are communication, respect and collective involvement. Below are effective practices for preserving a friendly atmosphere in your building.
1. Promote a culture of respect and individual responsibility
Harmonious living starts with mutual respect. Regular reminders of basic rules help maintain a calm climate. Posting notices in common areas or sending email updates can raise residents’ awareness.
Owners’ meetings also create opportunities to build relationships, encourage dialogue and defuse misunderstandings before they escalate.
2. An engaged syndicate council: a genuine lever for community life
The syndicate council (board of directors) plays a central role in preventing conflicts. It liaises between co-owners and building managers and can intervene quickly to calm a situation before it worsens.
Beyond acting as mediators, the council can launch concrete initiatives that strengthen neighbourly bonds and encourage good practices every day:
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Distribute a good-neighbour guide.
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Send seasonal reminders about proper behaviour (barbecues, renovations, winter upkeep, etc.).
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Organize informal gatherings, neighbourhood parties, welcome events for new co-owners.
These simple gestures go a long way toward building trust and making the condominium a pleasant place for everyone.
3. Think collectively, live peacefully
A clean, well-maintained building where residents communicate naturally is more pleasant to live in. Common sense and goodwill are often the best ways to avoid neighbourhood problems. By cultivating cooperation and respect, each person contributes to more harmonious condominium living.
How to handle an abnormal neighbourhood disturbance: from diplomacy to case law
Managing a neighbourhood disturbance in a condominium should follow a progressive approach that always favours conciliation before more formal steps. The goal is to restore peace without inflaming the situation.
1. First reflex: start a dialogue
Begin by speaking directly with the neighbour concerned. In many cases, they simply do not realize the inconvenience they are causing.
A calm, respectful exchange is often enough to defuse the problem. Whether you talk face-to-face, leave a note in the letterbox or send a polite message, the idea is to encourage communication rather than confrontation.
2. If dialogue fails: file a complaint with the syndicate of co-ownership
If the nuisance continues despite your attempt at dialogue, the next step is to inform the syndicate of the problem. The syndicate may then:
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Remind all residents of the condominium by-laws;
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Issue a formal warning to the neighbour concerned;
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Put a resolution on the agenda of the next owners’ meeting if a broader measure is required.
3. Turning to a third party: mediation or conciliation in Quebec
Before going to court, it is often preferable to explore amicable dispute-resolution methods. In Quebec, two main options are available:
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Mediation led by an accredited mediator who helps the parties find common ground.
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Conciliation, sometimes offered free of charge, for example, before the Small Claims Division or the Tribunal administratif du logement (TAL) when a tenant is involved (e.g., a co-owner illegally renting out their unit).
These avenues are generally faster, less costly and less stressful than legal action, and they often resolve conflicts in a more flexible, confidential setting.
4. Sending a formal notice (mise en demeure): an official demand to stop the nuisance
If the disturbance persists after dialogue, syndicate intervention and amicable remedies, you may need to serve the neighbour with a mise en demeure.
This formal document, often drafted by a lawyer, officially demands that the offending party cease the nuisance within a specified timeframe. Issuing a mise en demeure show, you are serious and adds weight to any future legal proceedings.
5. Calling in a lawyer: initiating legal proceedings
When all other attempts fail, the judicial route remains. With a lawyer’s help, you can take the matter before the Court of Quebec, where the judge may:
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Order the nuisance to stop;
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Award damages;
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Impose coercive measures for repeat offences.
Abuse of property rights: how to prove a neighbourhood disturbance?
Assembling a strong case is crucial and should include:
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Tangible evidence of the nuisance (photos, videos, recordings, logs, witness statements, etc.);
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Written records of the steps already taken (emails, letters, legal advice received, formal notice, exchanges with the syndicate, etc.).
Which court has jurisdiction to handle a neighbourhood disturbance in Quebec?
Jurisdiction depends on the nature of the dispute and the parties involved. The main options are:
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Small Claims Division of the Court of Quebec: The simplest route for claims of $15,000 or less. No lawyer is required, making it accessible for minor yet persistent neighbour disputes.
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Civil Chamber of the Court of Quebec: Handles more complex disputes or those over $15,000 and up to $100,000. Suitable when nuisances have caused significant harm.
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Tribunal administratif du logement (TAL) : Steps in when a tenant is involved, for example in cases of illegal subletting or breach of building rules. The TAL can also deal with loss-of-enjoyment claims or harassment between neighbours.
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Superior Court of Quebec: Seized for cases exceeding CA $100,000 or for injunctions, particularly when a neighbouring co-owner causes serious, repeated disturbances. It may also hear class actions or large-scale disputes affecting the entire condominium.
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