Definition : Lack of maintenance of the common portions

Failures to carry out the work intended to preserve the immovable common portions in a good state of repair and to prevent their deterioration. The lack of maintenance can bring about the common portions' premature obsolescence, and also compromise the occupants' safety. It may also result in the liability of the syndicate of co-owners, or even the members of the board of directors. To establish the liability of a syndicate for lack of maintenance, it is nevertheless necessary to establish the commission of a fault in the maintenance of the common portions, of a prejudice and of a causal link between the fault and the injury. 

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All co-ownerships have  common portions that need to be maintained. These may include corridors, stairs, gardens and elevators. The syndicate has an obligation to ensure their maintenance, since the declaration of co-ownership generally provides that it is the main person responsible for them. In addition, article 1039 of the Civil Code…...



The liability of the syndicate

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