Nuisance in homeowner communities: legal options
Living in a homeowner community is not always straightforward. Disputes over noise, odours, nuisance activities or unauthorised works are more common than one might think, and when dialogue fails, it is important to understand the legal avenues available.
What counts as a nuisance activity?
The Horizontal Property Act (art. 7.2) prohibits activities that are:
- Annoying — excessive noise, recurring parties, pets out of control.
- Unhealthy — rubbish accumulation, persistent bad odours.
- Harmful — activities that endanger the building's structure.
- Dangerous — storage of flammable materials, works without permits.
- Unlawful — activities contrary to the by-laws or the law.
Steps to follow
1. Formal notice to the owner
The first step is a formal notice from the president of the community, requesting the immediate cessation of the activity. It is advisable to make it in writing (recorded delivery letter) for evidential purposes.
2. Resolution at an owners' meeting
If the notice has no effect, the community can convene an extraordinary meeting to authorise the president to bring a judicial cessation action.
3. Judicial cessation action
A claim is filed before the court requesting:
- The definitive cessation of the nuisance activity.
- Compensation for damages caused.
- In serious cases, deprivation of the right to use the property for a maximum period of three years.
Time limits
There is no specific statute of limitations for the cessation action while the activity persists. However, the claim for damages is subject to a 5-year limitation period (art. 1964 Civil Code).
Conclusion
When facing a nuisance situation in your community, it is essential to document everything (recordings, photographs, reports to the local police) and act with legal advice to choose the most effective course of action.
Do you have a coexistence problem in your community? You can request a consultation to assess your case.
