We had water damage that damaged an apartment. The board has agreed to pay for the repairs, but we're having trouble agreeing with the co-owner on the scope of the paint job in his apartment. We offered the co-owner the restoration of the damaged wall, but the co-owner wants all the walls of his apartment (having the same color as the damaged one) to be repainted, in order to ensure uniformity in color. I understand the co-owner's request, but at the same time it seems excessive to me that we have to repaint half of his apartment, even for rooms far from that of the incident. Question: What is the syndicates's responsibility for this type of repair?
Answer: When water damage has caused damage to the common or private portions, it is the insurer of the syndicate of co-owners who is the first insurer to take charge of the damage. It is the syndicate's responsibility to take out insurance to cover the common and private portions, excluding any improvements that have been made to the latter. The insurer will then pay an indemnity corresponding to the amount of the damage, less the deductible. The amount of this deductible is assumed by the self-insurance fund, or distributed among the co-owners, according to the share that each holds in the building.
Moreover, article 1039 of the Civil Code of Québec provides in particular that the purpose of the syndicate is the conservation of the immovable as well as all operations of common interest. He must also ensure that the work necessary for the conservation and maintenance of the building is carried out.
By granting an insurable interest in the private and common portions to the syndicate, the legislator clearly wanted the syndicate to be responsible for repairing the loss. Therefore, the syndicate has the obligation to diligently see to the repair of the damage caused to the property of the insured.
In the circumstances, the syndicate must propose rehabilitation work which must cover the costs of restoration. And since it can be aesthetically difficult to repaint only part of a wall or ceiling, the work should take into account the passage of a coat of paint on all continuous walls. But this is a point to discuss with your co-owner, in order to stay within the parameters of reasonableness.
