Nuisances in a PPE
Nuisances in a PPE
In a condominium, the various co-owners have to make joint use of the communal areas. The rules governing the administration and use of the condominium may stipulate what is tolerable and what is not, and in particular what space must be left free in the communal areas, or even prohibit the storage of anything in the communal areas. More specifically, excessive odour nuisance is prohibited by law, since article 684 of the Swiss Civil Code states that unpleasant odours are prohibited if they have a harmful effect and exceed the limits of tolerance owed by neighbours in accordance with local custom, location and the nature of the buildings.Insofar as such immissions affect you personally in your private space, you are entitled to put an end to the nuisance and can therefore make use of all the legal actions available to a property owner to put an end to the disturbance. In this way, you can take legal action against the person responsible for the odours. However, it is preferable to contact the person concerned or the PPE administrator beforehand to try to put an end to the nuisance amicably. If the problem only affects the communal areas, because it only stinks there, it will have to be raised at a general meeting of the owners. If, despite a warning, the nuisance persists, the community of floor owners can take legal action against the recalcitrant floor owner. It should be emphasised that, in extreme cases, the general meeting of co-owners may go so far as to order the exclusion of the troublemaker from the PPE.
