Procedure after a water damage

When water damage occurs in common portions or the private portions, the syndicate of co-owners must act quickly to implement appropriate emergency measures. It is essential to immediately report the loss to the syndicate's insurer. After an assessment of the damages by a claims adjuster, it is advisable to hire a competent contractor to carry out the necessary repairs. Moreover, it is essential to meticulously document all damages and repair efforts to rehabilitate the affected areas, in order to maintain complete transparency with insurers, including both the syndicate's and sometimes the affected co-owner's insurers.

Locate the source

To significantly limit the damages of water leaks, the first reflex to have is to locate them and take the necessary measures to stop them whenever possible. Generally speaking, the leak or water infiltration in the building can come from:

Common portions

When a water damage comes from the common portions, the syndicate of co-owners must take the urgent and protective measures necessary for the preservation of the premises and so, in regards to its objective of preserving the immovable; if the amount of water is important, the electricity should be cut off immediately. Furthermore, depending on the source of the problem, it will be necessary to bring in a plumber urgently to carry out the repairs and to avoid a flood.

Private portions

If the water damage has occurred in the dwelling, the priority should be to cut off the water supply and then to notify the neighbors who live in the apartment below; it's also important to inform the condo manager or a member of the board of directors of the circumstances of the loss. However, if the water damage occurs in the neighbor's home, it's essential to notify him as soon as possible so that he can report it to his insurer.

Loss report to the insurer

The loss must be reported immediately to the insurance companies and so, those of the syndicate as well as those of the concerned co-owners; it's also important to require the insurance company of the syndicate to carry out the necessary work in order to take the measures of drying the walls, the ceilings and the materials that would be affected by the water damage.

Emergency work

In the presence of a water damage, work to dry up the affected areas must be undertaken as soon as possible; this will prevent the appearance of mold. The syndicate should retain the services of companies in disaster cleaning; its insurer could mandate them itself and then send them to the scene.

Insurance coverages

More often than not, many parties are involved in a loss such as the co-owner, the occupant, the tenant (lessee), the co-owner lessor and the syndicate; in principle, the number of insurances is equivalent to the number of parties. Essentially, when a water damage occurs and causes damages to the common portions or to the private portions, the syndicate’s insurer is the primary insurer taking charge of the damage. The syndicate must subscribe insurance to cover the common and private portions but not the improvements to the private portions; the insurer will then pay an indemnity equal to the amount of the damages minus the deductible, this amount being supported by the self-insurance fund or split between the co-owners in accordance with their share of the immovable. It's important to note that the co-owners must insure their own movable property, their civil liability and the improvements made to their private portion.

 

 WHAT YOU SHOULD KNOW! In the aftermath of a huge loss, the directors should issue a press release explaining to the co-owners and occupants of the immovable what happened; this document should also explain what will happen next.

https://www.condolegal.com/images/Boutons_encadres/A_retenir.png WHAT TO KEEP IN MIND: During the management of a loss, the board of directors should have in hand at all times the keys to the affected apartments to access them if necessary.

 WARNING! Water damages are the most common loss in co-ownerships (condominiums); they require concerted action carried out quickly and in a coordinated manner.

 

Back to the factsheet: Water damages