During the holiday season, where we often wish joy and peace to our neighbors, keep in mind the proverb: "Love your neighbor, but don't cut down the hedge that separates you."
Sometimes, certain neighbors don't appreciate the festivities. A couple, after purchasing a new condominium, went to court and demanded $30,000 in damages, disturbances, and loss of enjoyment from their neighbors, who own the condo immediately above theirs.
The neighbor admits to waking up early for work and having custody of their children every other weekend. However, they claim to act diligently and avoid disturbing their neighbors.
Before filing the lawsuit, the couple and the neighbor had such tumultuous discussions that they eventually involved the police.
The neighbor even offered to the couple and the condominium corporation to have an expert conduct a test to determine the extent of the problem and check the floor soundproofing and insulation. However, the condominium corporation and the couple refuse to cooperate and do not want to share the costs of this test.
The court agrees that the condominium corporation has the responsibility to verify the validity of complaints from co-owners. If the insulation was inadequate, "it is not the neighbor's responsibility but rather the responsibility of the contractor who built the condo, and the condominium corporation should have taken action against the contractor."
The court concludes that every neighbor must accept "the normal inconveniences of the neighborhood that do not exceed the limits of tolerance" and rejects the couple's claim.
During the holiday season, when we often wish happiness and peace to our neighbors, keep in mind the proverb: "Love your neighbor, but don't cut down the hedge that separates you."
*CQ.705-22-008972-083
