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Overall damage caused by the action of water. An insurance contract taken out by a syndicate of co-owners must cover in accordance with the third paragraph of article 1073 of the Civil code of Quebec " water leak damage, sewer backup and overflows from appliances connected to water distribution piping within the building", unless the insurance policy or a rider sets out, expressly and in clearly legible characters, which of those risks are excluded.
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
01/07/2024
A bathtub or a washing machine that overflows into the apartment below, a water heater that conks out and spills down six floors: losses involving the civil liability of a co-owner are many co-ownerships. And they are expensive! This is why the amount of insurance premiums and deductibles have increased significantly in…...
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…...
23/06/2024
Declarations of co-ownership generally include a clause that holds each co-owner responsible (towards the other co-owners and the syndicate) for damages caused by their fault or negligence and by the fact of a property for which they are legally responsible. In the case Syndicat de la copropriété 650 Marcel-Laurin c. Neng (2024…...
23/06/2024
The insurer of a co-owner responsible for water damage affecting the condo below proposes to reimburse the syndicate $20,000. The deductible for our co-ownership syndicate's insurance policy is set at $50,000, and according to an obtained repair estimate, the repair costs amount to $30,000. Questions: Why doesn't the responsible co-owner's…...
25/05/2024
After being victims of a loss, the members of the board of directors and the affected co-owners are often caught off guard. How will things unfold? There is no need to worry or panic, because in principle, once the notice of loss completed, various stakeholders get involved: the insurer of…...
25/05/2024
Most insurance policies include deductibles, with amounts varying based on the insured risk. For example, the deductible for water damage is generally higher than that for fires. The purpose of the deductible is to make the insured responsible by having them cover part of the repair costs for damages caused by…...
16/05/2024
Household property insurance protects your belongings and personal effects against risks such as theft, fire, and water damage. It covers all your personal items: electronic devices (televisions, laptops, game consoles), clothing and accessories (jewelry, watches, glasses), appliances (refrigerators, washing machines), furniture (beds, sofas, tables), entertainment items (books, games, sports equipment),…...
01/05/2024
Claims in co-ownerships are numerous: water leaks, water damages, vandalism, fire, etc. If the claim affects both the common portions and private portions of the co-ownership, it is the responsibility of the board of directors to handle the notice of loss with the syndicate's insurer and to arrange for its…...
09/04/2024
Last night, upon returning from work, I was faced with a disaster. As soon as I opened the door, the sound of running water alerted me. The bathroom had turned into a pool, with the pipe under the sink having burst. After shutting off the water supply, the urgency of…...
15/03/2024
After a water damage, the ultimate goal of the syndicate and the co-owners is to find themselves in the same situation as they were before the occurrence of the loss. Due to its legal structure, the rehabilitation of common portions and private portions can be particularly complex in a divided co-ownership; this is why it should…...
14/03/2024
Water damages represent the main cause of loss in co-ownerships (condominiums); this is why it's essential to conclude an insurance contract in order to be covered against future water leaks. It's important to note that the syndicate has an insurable interest in the entire immovable including the private portions; he must negotiate insurances…...
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…...
11/03/2024
Section 7 of the Charter of human rights and freedoms guarantees the inviolability of a person's home. In principle, no one may have access to a co-owner's apartment without his or her consent; however, it has been rightfully ruled that this rule is not absolute and this is why most declarations…...
05/03/2024
The concept of water damage refers to the damages caused to property by the action of water; it can be a pipe that bursts because of the frost, the drain pipe of the washing machine that breaks or the bathtub that overflows. Water damages are probably the most recurrent problems in immovables in…...
28/02/2024
On February 28, 2024, we gathered for a captivating evening on our Webradio entirely dedicated to a current topic of crucial importance for all condo owners: water detection systems. Is it simply beneficial or absolutely necessary? We delved into the heart of this question with distinguished guests, including Me Yves…...
17/02/2024
While policyholders often fear fire and theft, it's actually water that takes center stage in terms of the number of claims and damages to co-ownerships. While water is a source of life, it also supports the growth of spores, fungi, and mold. Unfortunately, these fungi, delightful in a sauce, are…...
16/02/2024
The condo manager’s tasks are numerous and so, his civil liability could be engaged. As a mandatary of the syndicate of co-owners, the manager is required to fulfill the terms of his mandate. The manager can incur his liability in two ways: first of all, he can incur his contractual civil liability towards the mandator;…...
13/02/2024
Following water damage in our building, we consulted a plumber to find the cause. The analysis revealed a malfunction in the toilet of our neighbor's apartment, indicating that a replacement was imperative to prevent other problems. Despite the plumber's clear diagnosis and the obvious proof of malfunction during his intervention…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet essentiel pour toute copropriété : la gestion des sinistres. Il souligne que la survenance d’un sinistre, en particulier un dégât d’eau important, n’est jamais une bonne nouvelle. En effet, un tel incident peut causer des dégâts durables à l’immeuble,…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet crucial pour tout administrateur et copropriétaire: la récupération de la franchise lorsqu’un sinistre est généré par ce dernier dans l’immeuble. Il rappelle que les sinistres impliquant la responsabilité civile d’un copropriétaire sont nombreux et peuvent coûter cher. Que ce soit…...
16/04/2023
The life of the co-ownership is not only of interest to its owners and occupants, but also to their insurers. This is all the more true since it is known to all that condominium disasters are numerous: water leak, water damages, vandalism, fire, etc. Let's go back to the basics…...
24/03/2021
Le mercredi 24 mars 2021, la Webradio de Condolegal.com a abordé le thème de la gestion des sinistres en copropriété. Animée par François Cellier, cette édition a énoncé les démarches nécessaires après un incendie ou un dégât des eaux. L'accent a été mis sur l'importance du rôle du fiduciaire d’assurance et…...
22/01/2021
Le mercredi 13 janvier 2021, la Webradio de Condolegal.com était entièrement dédiée à un sujet complexe en copropriété: les chauffe-eau en copropriété. Les chauffe-eau installés dans les parties privatives d'une copropriété doivent être remplacés à temps, afin d'éviter un éventuel dégât d'eau....
21/09/2019
21 septembre 2019 — Un calfeutrage (scellant) en bon état participe grandement à l’étanchéité d’un immeuble. Tout syndicat de copropriétaires a intérêt à s’assurer que ce produit offre un rendement optimal, faute de quoi les administrateurs pourraient devoir engager des travaux de réparation très coûteux....
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09/08/2022
A co-owner has repeatedly caused several water damages in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance. Question: Can the board of directors claim the full amount from the co-owner who caused the loss?...