Condo noise can be uncomfortable and can cause big disputes and disputes between neighbors. What are the possible remedies and sanctions?
Noise in co-ownership
Noise disturbances are considered as annoying noise for the neighborhood causing inconvenience. These noises are the result of activities produced by the occupants of an adjacent apartment (next to, from below or from above).
It can be heels, children playing, shouting, music or voices (talking or singing). It can also be noises emanating from an object: musical instrument, hardware, hi-fi system, appliance. Noises can also be emitted by an animal (a bird, a dog, a cat...). When the nuisance is experienced during the night (between 10 pm and 7 am), discussed nightly noise.
During the day, the noises constitute an abnormal disorder neighborhood when they are deafening and repetitive while remaining in time. When committed during the night, these criteria need not be fulfilled. When there is noise, there is nuisance.
Condominium residents must simply follow common sense rules to avoid neighborhood problems that can quickly become a hell.
What steps to take?
The first step is to talk cordially with the neighbor who is the source of the noise and inform him of the inconvenience suffered. It is also possible to send a letter to report annoying noises.
At the same time, it is wise to consult the rules of the co-ownership. It is possible that a limit clause, or even prohibit certain noises. It is also interesting to inquire at the town hall knowing that certain noises are the subject of a specific order (for example the use of a lawn mower).
When friendly goodwill has not produced any results, it is recommended to file a claim with the condominium trustee.
Noise nuisance: intervention of the co-ownership trustee
It must be remembered that the condominium trustee must ensure that the co-ownership by-law is respected, in this case as regards neighborhood noise, in accordance with the law of July 10, 1965.
Taking into account the specifications of this legislation, the trustee will send a registered letter with acknowledgment of receipt to the person concerned (co-owner or tenant), reminding him of the limitations and / or prohibitions provided by the co-ownership regulations. Here it must be remembered that the co-ownership by-law must be respected by all the inhabitants of a building, whether co-owner or tenant.
The trustee may ask a bailiff to intervene on the spot for a recognition of the noise nuisances. If these are confirmed, the penalties provided for in the Regulation are applied. A fine may even be applied, an amount of 68 euros if payment within 45 days and beyond that period, a fine plus an amount of 180 euros.
Finally, it is possible that the person responsible for neighborhood noise is sued after a decision by the general meeting of co-owners.