Parasitic disorders in co-ownerships (condominiums) are truly present; they take the form of infestations of various insects such as cockroaches, carpenter ants, firebrats as well as bed bugs and so, without forgetting rats and mice whose presence has a repugnant and possibly harmful effect to human health. These insects and animals intrude unexpectedly into an apartment or even an entire co-ownership and can make its occupants' lives a nightmare.
Most of the time, it is up to the syndicate of co-owners with regard to its obligation to maintain the common portions and to preserve the immovable to mandate a company specialized in pest management in order to carry out a disinfestation or a rodent control; If that's the case, it's important to identify who's at fault, to consider the required action in order to resolve the problem and to determine how the invoice should be paid, that is to say the people who should bear the costs.
Duties and obligations of the syndicate
Under article 1039 of the Civil Code of Québec, the syndicate is responsible for maintaining and administering the common portions, ensuring the conservation and safeguarding of the immovable as well as mandating the required people to carry out the necessary work. When the syndicate does not adequately maintain the common portions, it is under article 1077 of the Civil Code of Québec that it becomes liable for the damages caused by the breach.
By entrusting a company of exterminators which assures prevention and weekly monitoring, the syndicate thus honors its obligation to maintain the common portions.
In the presence of vermin, the syndicate must react with dilligence because some reproduce and spread very quickly; to limit the damages associated with an infestation, it is recommended to act as soon as possible by contacting a company in pest management.
Duties and obligations of the board of directors, of the co-owners and of the occupants
If the presence of insects or pests is limited to a private portion and the rest of the building is exempt, the board of directors must inform the co-owners of the risk that the entire immovable will eventually be infested.
In the event that the co-owner does not act to eradicate the intruders, the syndicate must put him on notice to act by sending him a letter of demand; that being said, if the concerned co-owner still decides not to act, the board of directors will itself have to mandate a company in pest management and so, at the expense of the negligent co-owner. The co-owner and his beneficiary (tenant or occupant) will have to comply with the decision of the board of directors and authorize access to their apartment; in the absence of cooperation, the syndicate must request an order (injunction) from a judge of the Superior Court of Québec enjoining the concerned person to give access to its unit.
Call on professionals
In principle, it is preferable to call a specialized company in pest management rather than trying to self eliminate the insects and rodents; these professionals have equipment and specific products. Furthermore, it is important to note that only experts in pest management who are holders of a permit issued by the Ministère de l'Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs du Québec are authorized to treat the entirety of an infested building; thus, it is possible to consult the public register to find out who holds a permit or a certificate for pesticide use. Depending on the size of the immovable, it is recommended to establish an annual contract with experts in pest management because several interventions may be necessary to resolve the issue.
Nullity of the contract
According to article 63 of the Pesticides Act, any person can address a court to nullify any contract concluded to perform work regarding the use of pesticides if this person notices that the work was performed or will be performed:
When the court renders the nullity of the contract, it can grant compensation to the person requesting the nullity and so, for the sums that have been paid; the concerned person must inform the Minister immediately.
WHAT YOU SHOULD KNOW! Co-owners who rent their apartment on sharing platforms such as Airbnb are exposed to the problem of bedbugs because some travellers carry them in their luggage and they then infest the bedroom; these insects can migrate to other apartments, get inside a wall, go up two or three floors, hibernate for a few months and even go to another dwelling.
WHAT TO KEEP IN MIND: Its mission being to ensure the preservation of the immovable and the operations of common interest, the syndicate must make every effort to keep it to a high level of hygiene, this responsibility obliging him to retain, in certain circumstances, the services of experts in pest management.
WARNING! The presence of harmful insects in the common and private portions combined with the absence of actions taken by the syndicate to observe, treat and solve the problem disqualifies the habitability of the dwelling; this disqualification may constitute a prejudice to a co-owner and the syndicate could therefore be held civilly liable towards the affected co-owners, tenants and other occupants.
