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Damages to a private portion: Can the co-owner and insurer invoke depreciation ?

A defective water heater belonging to a co-owner caused a water leak, damaging the hardwood floor in their apartment. Concerned about maintaining the state of the private portions, the syndicate decided to replace the hardwood floor and covered the costs since the damages were below the insurance deductible. The co-owner's liability insurance insurer offered partial compensation, covering 80% of the costs, taking into account the depreciation of the damaged floor and arguing that the depreciation…...

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Damage to common portions: can a culpable co-owner and their insurer invoke depreciation?

A co-owner accidentally damaged the entrance door to the underground garage, located in the common portions, with their vehicle. This door needs to be completely replaced. The co-owner's insurer is offering partial compensation, covering 90% of the costs, due to depreciation applied to the door. Furthermore, the amount of the damages is below the deductible specified in the syndicate’s insurance policy. Given the circumstances, the board must weigh the practicality of accepting the insurer's offer against…...

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Assignment of claims: What are the risks after a loss?

We need to carry out work following water damage, and the contractor appointed by our insurance company is asking us to sign a document entitled "Assignment of Claims and Authorization to Proceed with Work". However, there is a paragraph in the document that seems difficult to understand, and we would like it explained in simple terms. Here is the section in question: "This agreement is made without prejudice to any recourse by the "ASSIGNEE" against…...

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Are the improvements made to your private portion properly insured?

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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Co-owner-lessors insurance

In our building, we have several co-owners who rent out their apartments. As members of the Board of Directors, we often find ourselves in meetings, discussing and questioning the specifics of their insurance obligations related to this rental activity. Questions arise: Are there any special insurance rules for condo owners who rent out their units? Do they need to take out additional insurance to cover themselves adequately? Or is it possible, on the contrary, to…...

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Tenant's insurance certificate

As a co-owner of an apartment that I have been renting out for several years, I find myself facing recurring questions regarding my tenant's insurance. Previously, I did not systematically require proof of rental insurance. However, alarming stories of incidents in other co-ownership properties, resulting in significant damages and complex legal proceedings, have led me to reconsider my stance. Questions: Is it wise to demand that my tenant subscribes to liability insurance coverage? Can I require…...

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I am affected by water damage: who should I call?

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…...

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Practical management of a burglary in a private portion

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?...

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Following water damage, to what extent is the syndicate required to restore the damaged areas?

We had water damage that damaged an apartment. The board has agreed to pay for the repairs, but we're having trouble agreeing with the co-owner on the scope of the paint job in his apartment. We offered the co-owner the restoration of the damaged wall, but the co-owner wants all the walls of his apartment (having the same color as the damaged one) to be repainted, in order to ensure uniformity in color. I understand…...

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Is a syndicate of co-owners required to sign a discharge to receive compensation from its insurer?

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?...

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