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The fact, for a syndicate of co-ownership, of having to answer for his or her actions and decisions. Article 1077 of the Civil Code of Quebec provides also that the syndicate is liable for damages caused to co-owners or third parties in the occurrence (amongst others) of problems related to faulty design or construction defects of the immovable, or due to a lack of maintenance of the common portions of the co-ownership. In the latter case, the syndicate is subject to a no-fault liability regime, for it must ensure the preservation of the immovable and maintenance of common portions.
23/07/2024
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...
30/06/2024
The Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in…...
27/06/2024
Works carried out in common portions concern the entire community of co-owners, which is why they are often managed by the syndicate. Not only is this action consistent with its purpose and mission (article 1039 of the Civil Code of Québec), which aims to ensure the maintenance and preservation of the…...
16/06/2024
Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. This may be called into question during the execution of work in the common portions, as soon as a resident of the building or any other person in its environment experiences damage, direct…...
27/05/2024
Our syndicate of co-ownership will soon undertake repair work on the building's garage slab. As a director, we consulted an engineer to prepare a cost estimate. We are now at the stage of initiating the work. Given the significant costs involved, we have questions about choosing the contractor. It is…...
12/03/2024
Water damages are the most frequent loss in co-ownerships (condominiums). The concept of water damage also includes the civil liability of the syndicate, the co-owner and the lessee (tenant) who could be responsible in the event of damages suffered by third party members; thus, the question of who is responsible for this constantly…...
09/08/2022
I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured…...
22/05/2021
The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change…...