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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 arises. However, it is necessary to know the law applicable to the person at fault. Other considerations affect both the insurer of the syndicate and…...
When water damage occurs in common portions or the private portions, the syndicate of co-owners must act quickly to implement appropriate emergency measures. It is essential to immediately report the loss to the syndicate's insurer. After an assessment of the damages by a claims adjuster, it is advisable to hire a competent contractor to carry out the necessary repairs. Moreover, it is essential to meticulously document all damages and repair efforts to rehabilitate the affected areas,…...
The occurrence of a loss in a co-ownership (condominium) is never good news; a significant water damage is likely to cause lasting damages within the immovable. Considering the impact of water damage on a co-ownership's budget, preventive measures must be implemented to monitor components and equipment at higher risk. Moreover, effective and regular communication between the board of directors and the co-owners is essential to raise awareness of the importance of keeping their private portions in good condition and…...
The qualification of the contractual relationship between the syndicate of co-owners and the condo manager is of high importance since the rules of termination differ depending if it's a contract for services or a contract of employment; section 2085 of the Civil Code of Québec defines the contract of employment as a contract, verbal or written, by which a person, the employee, undertakes for a limited time and for remuneration, to do work under the direction or the control of another…...
The condo manager bound to a syndicate of co-owners by a contract for services does not have the same relationship with his client as the one who has the status of an employee and so, regarding a contract of employment; that being said, regardless of the nature of the relationship between the parties and in order to prevent misunderstandings and possible litigation in front of courts, it is advisable to specify the contract’s terms and conditions, its…...
A contract typically comes with an expiration date; this is true for the contractual relationship between the syndicate of co-owners and its condo manager. The agreement can last for years or end abruptly; the flexibility and the adaptability of this agreement efficiently addresses the evolving needs and the changes of both parties. Moreover, loyalty to a manager varies from one co-ownership (condominium) to another; that being said, various reasons can explain the termination of the contractual relationship between the syndicate and…...
The contract for services must clearly outline the condo manager's remuneration regarding the day-to-day management services provided for the co-ownership (condominium); this management includes the usual acts that are generally part of the base package but the manager can also request additional fees for extra rendered services. ...
Every syndicate of co-owners should retain the services of a condo manager to assist the board of directors carrying out its duties; as a real conductor of the immovable, he has enormous responsibilities to assume because the needs of a co-ownership (condominium) are multiple and complex. That being said, there are three types of management in a co-ownership: autonomous management, self-management and external management. ...
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; secondly he can incur his extracontractual civil liability towards the co-owners or a third party member who would suffer a prejudice as a result of a fault…...
The manager usually plays a key role in a co-ownership (condominium). Similarly to the board of directors, the duty of the manager is to preserve the immovable of which he is responsible and consequently, the directors must ensure that he assumes his mission with dignity, loyalty, honesty, prudence, diligence and probity; in order to achieve this, the board of directors would be well advised to implement a code of conduct in which professional ethics are addressed, that is to say namely compliance with laws…...
