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The notion of water damages generally includes the questioning of the civil liability of the syndicate, the co-owner and the lessee (tenant); the question of who is responsible for this is constantly being raised. Claims related to losses involving the liability of a co-owner are numerous in co-ownerships (condominiums); this is the case for a water heater that spills over several floors, this type of disaster being very expensive and explaining why the amount of insurance premiums and deductibles for syndicates of…...
Despite increased congestion in major urban centers, many co-owners still favor their car as a means of transportation. The densification of cities accentuates chronic congestion which contributes to scarce parking spots on the streets. The situation is not much better in the suburbs since it is generally forbidden to park at night on the streets during the winter time. Access to parking is therefore an important issue for many co-owners and apartment buyers. This makes…...
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Vehicle parking within the immovable may be organized as a common portion for restricted use. Most often than not, declarations of co-ownership (constituting act of co-ownership) designate the legal status of exterior parking spaces as common portions for restricted use; this is also true for indoor parking spaces when the developer (declarant) decides that it is not necessary to create a specific lot number for each space and so, these are therefore an integral part of the lot constituting the common portions of the immovable.…...
Parking spaces designated as private portions are common in divided co-ownership; this specific legal status is granted to them by the declaration of co-ownership, which identifies them as fractions in the section dedicated to the description of the fractions. Similar to an apartment held in co-ownership (condominium), all parking spaces have a unique lot number, a relative value, and a share that are specific to them. As a result, the owners of the parking spaces can, during a…...
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…...
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. ...
Water damages are the leading cause of loss ratio in co-ownerships (condominiums); they are also becoming more and more expensive and so, whether it concerns the syndicates of co-owners or their insurers. For reference, over the past decade, the proportion of water damages has more than doubled in immovables of co-ownerships. In order to limit the extent of damages caused by water leaks, water leak detection systems have been created to detect any abnormal amount of water on the floor; this type…...
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 be taken care of by a general contractor who is qualified in the field. Situations vary from one claim to another depending on the parts of…...
