Condo Soundproofing: Who Pays, Who Decides and How

Noise between condos is a frequent source of tension. In divided co-ownership, the question “who pays for condo soundproofing?” comes up whenever a floor creaks, a ceiling transmits footsteps or a co-owner replaces a floor covering. Who assumes the costs? Who authorizes the work? Here is a practical guide for your board of directors and syndicate, adapted to the Montreal reality.

Private portions vs. common portions: the basis of responsibility

Before discussing money, you need to identify where the problem lies. As a general rule, the concrete slab, structure and load-bearing elements are common portions. The floor covering in a condo (wood, ceramic tile, vinyl or underlay) is usually a private portion, subject to your declaration of co-ownership (DCV) and the by-laws of the immovable.

This distinction determines who pays and who decides. If the noise comes from a defect in a common portion (e.g., a void in a screed beneath the slab), the syndicate is often responsible for assessing and remedying it, in accordance with the Civil Code of Quebec and the DCV. If the nuisance results from a choice of materials or a renovation in a private portion (e.g., carpet replaced with hardwood flooring without an acoustic membrane), responsibility generally falls to the co-owner who modified their unit.

The Civil Code governs the sharing of common expenses and the syndicate’s obligations, particularly regarding maintenance and preservation (see C.C.Q., sections 1039 and 1064). It also addresses neighbourhood disturbances and the obligation not to cause abnormal nuisances (section 976 C.C.Q.). Useful reference: LégisQuébec – Civil Code of Quebec.

Who pays in common scenarios

• Floor replacement without authorization or an adequate acoustic membrane. If a co-owner changes their floor covering and significantly increases the transmission of impact noise, they may have to correct the situation at their own expense. The DCV or the by-laws of the immovable often require an acoustic membrane or minimum performance (ITS/IIC). The board of directors may require a corrective measure and, if necessary, initiate legal proceedings if the co-owner refuses.
• Original deficiency or problem in a common portion (e.g., slab/structure). When a soundproofing defect results from a common portion, the syndicate assesses, plans and pays for the work through common expenses. Depending on the scope, this may be routine maintenance, a special expense or, if it involves major maintenance or repair, planned work funded through the contingency fund and the maintenance logbook (EUC).
• Failure to comply with by-laws of the immovable concerning noise. If the nuisance results from non-compliance with a by-law (e.g., no felt pads under furniture or repeated nighttime activities), priority should be given to enforcing the by-law: a warning, formal notice, a penalty if provided for, and then corrective action. The costs of enforcing the by-law will be charged to the offending party when permitted by the DCV.
• Corrective work required by an acoustic test. The board of directors may retain an independent acoustician to measure performance. If the report shows that the unit at fault does not meet the minimum standard required by the DCV/by-laws, the corrective work follows the responsibility associated with the portion concerned (private vs. common). In the absence of an internal requirement, the minimum requirements of the Quebec Construction Code may be used as a reference (see RBQ – Construction Code).
• Insured loss and restoration. After water damage, the replacement of acoustic materials follows the same logic: whatever related to the private portion remains the co-owner’s responsibility (subject to insurance), while anything affecting a common portion remains the syndicate’s responsibility.

Who decides: board of directors, annual general meeting and authorization thresholds

• Powers of the board of directors. The board of directors manages the maintenance and preservation of common portions, applies the DCV and the by-laws, and puts an end to abnormal nuisances. It may authorize assessments (e.g., an acoustic test), issue directions and order urgent work.
• Annual general meeting and by-laws. If a new by-law of the immovable is required (e.g., an acoustic membrane requirement for every floor replacement), it must be adopted at a meeting in accordance with the majorities provided for in the C.C.Q. and the DCV. Decisions must be recorded in the minutes and communicated to all co-owners.
• Work in common portions. Significant improvements or alterations to common portions may require a vote by the co-owners, depending on the scope and nature of the work (see C.C.Q., sections 1096 to 1102). The board of directors then prepares the file, estimates and recommendation, and submits them to the annual general meeting or a special meeting.

At all times, reviewing the DCV remains the first step. In the absence of clear guidance, refer to the principles of the C.C.Q. and good practices in the divided co-ownership sector (see the RGCQ for relevant resources and training).

Practical process for the board of directors: from complaint to corrective action

1. Receive and record the complaint. Ask for a factual description (times, rooms concerned and type of noise). Open a file and confirm receipt.
2. Review the DCV and the by-laws of the immovable. Note the clauses concerning soundproofing, floors, quiet hours, work and prior authorization.
3. Inspection and findings. If necessary, visit the units concerned without trespassing and with consent. Document the situation with photographs and notes. If the source is uncertain, consider an independent acoustic test.
4. Notice and temporary measures. Inform the co-owner concerned of the findings and expectations (e.g., temporarily adding rugs or pads under furniture), while planning the technical assessment.
5. Determine who pays. Based on the distinction between private and common portions, the DCV and the expert’s report, determine responsibility and notify the parties. If work is required on common portions, prepare the budget and schedule, and determine whether the operation is routine maintenance, a special expense or work to be funded through the contingency fund.
6. Select the contractor. For the work, obtain competitive bids and verify the RBQ licence and contractors’ liability insurance. Reference: RBQ.
7. Decision and communication. Adopt a board of directors resolution, inform the co-owners affected, update the board’s minutes and, if necessary, add the item to the annual general meeting agenda. Keep all documents in the file.

Need assistance coordinating the expert assessment, bidding process and construction follow-up? See our operations management and administrative management services. You will also find other useful articles on our blog.

Preventing disputes: clear rules and communication

• Precise by-laws of the immovable. Set a minimum soundproofing performance requirement for every floor replacement (e.g., an acoustic membrane beneath floating floors), an authorization process before work and penalties for non-compliance.
• Communication and education. Remind residents of seasonal good practices (pads, rugs and quiet hours) and reiterate the obligation to tolerate normal noise from community living, while taking action when a nuisance becomes abnormal.
• Maintenance logbook (EUC) and planning. Include acoustics in the EUC when structural corrective work is being considered. Plan the work and budget consistently with the contingency fund and the condition of the building.
• Traceability. Keep authorizations, notices, reports and minutes. Complete documentation protects the syndicate and speeds up the resolution of disputes.

For the legal framework and applicable majorities, consult the Civil Code of Quebec. For technical guidance, refer to the Quebec Construction Code and, for governance best practices, the RGCQ.

This article provides general information and does not constitute legal advice. For your situation, consult a lawyer or notary.

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