Liability of the syndicate of co-owners regarding the work

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 or indirect. This can obviously be the co-owners and members of their family, but also all those who live there, tenants or occupants. The scope also extends even to owners of neighbouring buildings, for example in the context of work that has an impact on the foundations of a common wall, or even a visitor or supplier.

Preservation of the immovable

The syndicate’s primary mission is to be in charge of the maintenance of the immovable, to ensure its preservation of the immovable and maintenance and the administration of common portions. The law obliges it to administer the immovable, to be its custodian, to ensure its maintenance and to carry out all work necessary for its conservation. It is bestowed upon it to:

• Maintain common portions (e.g. purchasing products and supplies, snow removal and signing various maintenance contracts);
• Carry out the necessary work to prevent the deterioration of the immovable’s common portions;
• Require expertise in cases of apparent lack of conformity;
• Repair defects in design or of construction affecting common portions of the immovable;
• Take out insurance against usual risks such as theft and fire covering the entire immovable, excluding improvements made by a co-owner to his / her private portion;
• Have prepared a certificate of the state of the immovable and a maintenance logbook;
• Set up a contingency fund sufficient to finance the cost of work relating to major repairs and the replacement of common portions;
• Set up a self-insurance fund sufficient to finance the cost of work relating to repairs to the common and private portions following a disaster that caused damage to the immovable, when the contingency fund or an insurance indemnity cannot provide for it.

Scope of the syndicate's liability

Its liability may also be involved following the execution of work in the common portions. Indeed, the syndicate is as liable for damage caused to co-owners or third parties by the design or construction defect as by the lack of maintenance of the common portions.

During the work, the syndicate may also see its civil liability invoked following:

• The failure to maintain a structure or equipment;
• Serious disturbances of enjoyment, even temporary, that would be caused to the co-owners and occupants of the building (e.g. noise nuisance);
• Damage to a private portion (e.g. water infiltration, plaster cracking);
• Bodily injury to co-owners and occupants of the immovable (e.g., a co-owner injured after a fall in a non-secure location on site), as well as to third parties;

It should be noted that, if the syndicate can so be held responsible, it is "without prejudice to any recursory action ". This means that he has recourse against the "true" responsible for the damages (contractors, subcontractors, architect, engineer, etc.), if applicable.

WHAT YOU SHOULD KNOW ! Defects or flaws in common portions can have serious consequences for your syndicate. Indeed, it is exposed to being held liable for damage suffered by co-owners and third parties. This is why the law requires any syndicate of co-owners to take out third party civil liability insurance (this word then includes co-owners)..

WHAT TO KEEP IN MIND : The law specifically recognizes the syndicate’s right to take legal action against persons liable for defects in design and of construction affecting common portions.

 WARNING ! ​The syndicate is required to administer the immovable, to be its custodian, to ensure its maintenance and to carry out all work necessary for its conservation. Its responsibility may therefore be called into question during the execution of work. However, this commits all co-owners financially. This is why he must ensure that the contractors intervening in the common portions have taken out civil liability insurance.

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