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Legal obligation for a natural person or legal person to repair the damage caused to a third party resulting from his failure to comply with:
14/07/2025
As a member of the board, I would like to report a situation concerning the grassy area in the common portion. Previously little used, it has become a gathering place in the late afternoons and on weekends since the arrival of young children in the co-ownership. Water games and inflatable…...
28/02/2025
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…...
17/01/2025
My tenant has sublet their apartment for the second time this year, for a period of one month. The board of directors is asking me to pay a fine, claiming that it constitutes a short-term rental, which is prohibited in our co-ownership. However, under the Civil Code of Quebec, a…...
23/07/2024
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,…...
23/07/2024
The duties and obligations of directors are at the heart of the good governance of a co-ownership. As part of their duties, directors are required to ensure that the syndicate of co-owners complies with the laws. This is why, in addition to the duties of diligence and loyalty of directors…...
23/07/2024
The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions,…...
20/05/2024
With the increasing presence of tenants in divided co-ownership buildings, it is essential for all stakeholders to fully understand the issues related to insurance coverage. Unlike in other countries, Quebec law does not require tenants to purchase “home insurance”, which would cover their belongings and civil liability in the event…...
27/04/2024
A syndicate is likely to incur civil liability towards co-owners but also third party members; this liability can be illustrated by the financial contribution of the co-owners because in the event of a judgment condemning the syndicate to pay a sum of money, this judgment will be enforceable against him and…...
21/03/2024
In divided co-ownership, a water damage incident almost inevitably raises the issue of the civil liability of the co-owner, the syndicate or, depending on the circumstances, a third party such as an occupant or a tenant. These frequent losses, particularly those resulting from the failure of a water heater or…...