Noise to tear up the floorboards
We are two very unhappy co-owners in a condominium because an upstairs neighbour is playing miniature golf in his living room and has even created a small course through his furniture! In our view, this contravenes the building regulations, particularly as it considerably increases noise pollution in the flats below when the ball rolls across the wooden floor. At the co-owners' meeting, we called for the track to be removed, but our proposal was overwhelmingly rejected. Disconcerted by this refusal, we are wondering about the situation and what should be done about it...
T, Russin
Strange as it may seem, your neighbour can set up a mini-golf course in his living room, as long as it doesn't create a nuisance that exceeds the bounds of tolerance.
Swiss law allows co-owners to defend their interests when another co-owner oversteps the limits set by law or the PPE regulations. Articles 679 and 684 of the Swiss Civil Code prohibit excessive immissions (noise, odours, vibrations, etc.) between neighbouring properties. However, in the case of condominiums where other co-owners are affected, legal action must first be taken by the community of co-owners: it is then up to the general meeting to decide whether it wishes to enforce compliance with the regulations through the courts.
The Swiss Federal Supreme Court recently ruled that the condominium owners' meeting is not obliged to enforce the condominium rules through legal action. It can refuse to take legal action for reasons of cost or to preserve good relations between neighbours.
If the general meeting refuses to intervene, the co-owners directly concerned can assert their rights individually and bring an action based on the aforementioned articles of the Civil Code, provided they can show that the nuisance is indeed excessive. In this respect, the PPE rules can play a key role: if they expressly prohibit developments of the type that are the source of your dispute, this will strengthen your position in court, as failure to comply with the rules will be a strong indication that the nuisance is excessive.
In a situation of intolerable nuisance, even if the majority has refused to act, the co-owners concerned and disturbed may themselves take legal action against the neighbour who is making too much noise.
In short, the majority is not always the law, especially when it comes to protecting your right to a little peace and quiet. There are also reasonable measures you can take to solve the problem. In your strange situation, laying a carpet in the theme might be enough to add to the fun!
