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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 insurer cover the entire amount? Does this mean the syndicate must cover the difference in repair costs? What are the possible recourses for co-owners in…...
Question: We suffered water damage. Three apartments, including mine, were affected by the breakdown of a water heater. The co-ownership’s insurer refuses to compensate us completely, claiming that our syndicate has paid too low a premium compared to the true risk insured. More specifically, it appears that the directors took out inadequate insurance cover with a reference to a rule proportional to 80%. I do not understand that. Is the insurer right not to fully compensate…...
During our return from vacation, I noticed that the door to our apartment had been forced open and we had been the victims of a burglary. I contacted a member of the board of directors to inform them of our misfortune. They indicated that a series of thefts had occurred in the building. Some apartments had been ransacked. Fortunately, that was not the case for us. Question : Under these circumstances, what should I do?...
We suffered water damage caused by a broken pipe that is located in the common portions. Several private portions were damaged. Our insurer is willing to compensate the syndicate as long as it signs a release beforehand. Questions: Is the board required to sign such a release? What are the consequences of not signing such a receipt? What are the syndicate's rights and remedies against its insurer?...
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 contacting my insurer or a plumber became apparent. Should I also notify the administrators or the manager, considering the risk to adjacent apartments? The extent…...
Le fonds d’auto assurance est affecté au paiement des franchises prévues par les assurances souscrites par le syndicat et d'un montant additionnel raisonnable Questions : Qu'est-ce qu'un montant additionnel raisonnable? Comment fait-on pour connaitre la somme additionnelle? On doit se fier sur quoi exactement pour définir la somme additionnelle?...
A co-owner accidentally broke down the garage door with his vehicle. This needs to be changed completely. His insurer offers to compensate us only partially. This one offers us to pay 90% of the bill because of the depreciation. Question: Are we required to accept this proposal? Answer: Technically yes. The basis of a claim for compensation as a result of damage caused by a co-owner to the common or private parts is civil liability, which may…...
We have a co-owner who has to replace his bathroom vanity because of water damage that has deteriorated it. Our syndicate of co-owners is insured for this type of loss, subject to an insurance deductible of $ 2500. The co-owner is insured for improvements made to his private portion. He opened a claim file with his insurer. However, the cost of replacing your vanity unit is lower than our deductible. It should be noted that…...
A representative from my home insurance provider informed me of something that doesn’t seem logical to me. According to him, if the description of the private portions, meant to distinguish the improvements made to my unit (such as hardwood floors or custom cabinets), was not voted on and approved by the co-owners' meeting during the creation of the reference unit sheets, any resulting damages will not be compensated. In that case, the renovation costs after…...
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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?...
