Definition : Liability

The fact, for a syndicate of co-ownership, of having to answer for his or her actions and decisions. Article 1077 of the Civil Code of Quebec provides also that the syndicate is liable for damages caused to co-owners or third parties in the occurrence (amongst  others) of problems related to faulty design or construction defects of the immovable, or due to a lack of maintenance of the common portions  of the  co-ownership. In the latter case, the syndicate is subject to a no-fault liability regime, for it must ensure the preservation of the immovable and maintenance of common portions.

Related articles

{alt}

26/10/2025

Co-ownership loss: Who’s to blame?

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,…...

Your Rights
lock
You need to have an account to read this article

20/05/2025

Private swimming lessons in co-ownership: who bears the risk ?

We have an indoor swimming pool in our co-ownership. It occasionally happens that certain co-owners or occupants invite an external person—often a professional—to provide swimming lessons to their children directly in the common facilities. This situation raises an important legal question. Questions: If an accident were to occur during one…...

Management

28/02/2025

Duplicate of the keys : Obligations, limits, and legal consequences

Article 7 of the Charter of human rights and freedoms guarantees the inviolability of a person's home. In principle, no one may have access to a co-owner's apartment without his or her consent. However, it has been rightfully ruled that this rule is not absolute. For this reason, most declarations…...

Work
caricature syndicate civil liability insurance

23/07/2024

Civil liability of the syndicate of co-owners

In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable,…...

Syndicate

30/06/2024

Injunction against a syndicate of co-owners for water infiltrations

The Syndicate's obligation to maintain the common areas, and more particularly the common portions for restricted use, is a subject that has given rise to much debate since the 1994 reform. This obligation, although clearly defined, has often been a source of conflict and misunderstanding. Directors often find themselves in…...

Your Rights

16/06/2024

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…...

Work
lock
You need to have an account to read this article

30/11/2021

Failure to insure: what are the consequences for a co-owner?

I just suffered a major disaster caused by the breakage of the water supply pipe in my neighbour's shower. The water damage significantly affected my apartment and movable property. I had to be relocated for more than a month to the hotel. To make matters worse, I was not insured…...

Insurance
{alt}
lock
You need to have an account to read this article

22/05/2021

Failure to maintain restricted common portions: what recourse can you have against the syndicate?

The windows of our unit are at the end of their lives, according to a specialist who changed the thermos of a window that don't 2 windows have already cracked. Despite my express request to the syndicate to change our windows, he prefers to wait a few years to change…...

Work
lock
You need to have an account to read this article

02/10/2016

Air freshener upon co-owners who smoke: can we impose it ?

  I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those…...

Your Rights