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01/11/2025
In divided co-ownership, water damage, fire, or other material losses inevitably raise the question of the responsibility of the co-owner involved. Whether it concerns a fault related to the maintenance of a property, a defective installation, or a breach of the declaration of co-ownership, the syndicate must often take steps…...
27/10/2025
Irregular work affecting the common portions of the building or a malfunctioning toilet are quite frequent and damaging types of loss in divided co-ownerships. These events can sometimes cause very significant material damage to both private and common portions. When damages do not directly result from a breach of the declaration of…...
26/10/2025
An overflowing washing machine, a bathtub leaking into the unit below, or a water heater bursting and flooding several floors — losses are frequent in co-ownership properties, and their consequences are often costly. These events, sometimes unforeseeable, not only lead to significant repairs but also to complex disputes between co-owners,…...
08/09/2025
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…...
23/02/2025
A co-owner has informed the board that he intends to modify the layout of his bathroom. He assured us that he will not interfere with the main plumbing system nor relocate any fixtures (toilet, shower, bathtub, sink). To remove any ambiguity, we find it essential to ask him to provide…...
14/12/2024
Two recent rulings by the Court of Québec underscore the significant difficulties syndicates encounter when attempting to recover insurance deductibles for damages caused by tenants, highlighting not only the legislative and practical shortcomings in claims management but also the broader implications of these challenges, which persist despite amendments to article 1074.2…...
30/11/2024
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…...
13/11/2024
A recent decision by the Court of Québec provides important clarifications for co-ownership syndicates seeking to recover insurance deductibles from co-owners in the event of a claim. In this ruling, the Court dismissed a syndicate’s request for a co-owner to reimburse a deductible of $50,014.13 following water damage that occurred…...
23/06/2024
Declarations of co-ownership generally include a clause that holds each co-owner responsible (towards the other co-owners and the syndicate) for damages caused by their fault or negligence and by the fact of a property for which they are legally responsible. In the case Syndicat de la copropriété 650 Marcel-Laurin c. Neng (2024…...
25/05/2024
After being victims of a loss, the members of the board of directors and the affected co-owners are often caught off guard. How will things unfold? There is no need to worry or panic, because in principle, once the notice of loss completed, various stakeholders get involved: the insurer of…...
25/05/2024
Most insurance policies include deductibles, with amounts varying based on the insured risk. For example, the deductible for water damage is generally higher than that for fires. The purpose of the deductible is to make the insured responsible by having them cover part of the repair costs for damages caused by…...
16/05/2024
A co-owner may incur liability toward the syndicate, the other co-owners or occupants of the building, and even toward third parties. As provided in article 1457 of the Civil Code of Québec, every person has a duty not to cause harm to others. As a co-owner, you must act prudently…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet essentiel pour toute copropriété : les recours du syndicat contre un copropriétaire responsable d’un sinistre. Il souligne que lorsqu’un sinistre survient dans une copropriété, le copropriétaire de l’unité d’où provient le sinistre n’est pas systématiquement tenu responsable. La responsabilité…...
01/01/2024
Dans cette capsule vidéo, l’avocat émérite Yves Joli-Coeur aborde un sujet crucial pour tout administrateur et copropriétaire: la récupération de la franchise lorsqu’un sinistre est généré par ce dernier dans l’immeuble. Il rappelle que les sinistres impliquant la responsabilité civile d’un copropriétaire sont nombreux et peuvent coûter cher. Que ce soit…...
23/02/2021
23 février 2021 — Un récent sondage commandé par le Bureau d’assurance du Canada (BAC) a révélé plusieurs données inquiétantes. Parmi elles, on apprend qu’un copropriétaire sur cinq (19 %) ignore que sa copropriété est protégée par deux contrats d’assurance. Cela confirme une méconnaissance pour la chose par plusieurs copropriétaires,…...
31/03/2010
How do I lower my home insurance premium?...