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Legal obligation for a natural or legal person to indemnify for the injury he (it) has caused to a third party as a result of its failure to comply with the commitments he (it) has undertaken contractually.
23/06/2024
Les déclarations de copropriété renferment généralement une clause qui tient tout copropriétaire responsable (à l’égard des autres copropriétaires et du syndicat) des dommages causés par sa faute ou sa négligence et par le fait d’un bien dont il est légalement responsable. Dans l'affaire Syndicat de la copropriété 650 Marcel-Laurin c. Neng (2024…...
10/05/2024
The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of…...
18/03/2024
In a divided co-ownership, most storage water heaters (electric or gas) play an essential role in the daily comfort of residents; typically installed inside the apartments, these devices are considered to be part of the private portions thus falling under the individual responsibility of each co-owner and so, it is imperative for them to ensure…...
17/07/2020
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its…...
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;…...
11/12/2021
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…...
18/09/2021
The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions,…...
09/08/2022
A bathtub or a washing machine that overflows into the apartment below, a hot water tank 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…...
09/08/2022
Question: I am a co-owner. Can the syndicate of co-owners claim the amount of the deductible for the insurance if I am responsible for the water damage?...
30/03/2010
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...