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Failures to carry out the work intended to preserve the immovable common portions in a good state of repair and to prevent their deterioration. The lack of maintenance can bring about the common portions' premature obsolescence, and also compromise the occupants' safety. It may also result in the liability of the syndicate of co-owners, or even the members of the board of directors. To establish the liability of a syndicate for lack of maintenance, it is nevertheless necessary to establish the commission of a fault in the maintenance of the common portions, of a prejudice and of a causal link between the fault and the injury.
23/07/2024
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,…...
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01/07/2024
The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate…...
16/06/2024
All co-ownerships have common portions that need to be maintained. These may include corridors, stairs, gardens and elevators. The syndicate has an obligation to ensure their maintenance, since the declaration of co-ownership generally provides that it is the main person responsible for them. In addition, article 1039 of the Civil Code…...
16/06/2024
Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. This may be called into question during the execution of work in the common portions, as soon as a resident of the building or any other person in its environment experiences damage, direct…...
27/04/2024
The law obliges syndicates of co-owners to insure their immovable; the majority of declarations of co-ownerships also have such requirement. This can be explained by the syndicate's main objective which consists to ensure the preservation of the immovable and its longevity; this is why the legislator has given to the syndicate an insurable interest and has made it…...
31/01/2024
On Wednesday January 31, 2024 at 7:00 p.m., we addressed the issues related to maintenance and the distribution of costs associated with common areas, whether they are for general use or for restricted use. Remember that the nature of divided co-ownership is to divide the building into various lots which…...