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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.
26/09/2023
The Law and the overwhelming majority of declarations of co-ownership require that syndicates of co-owners insure their building. This may seem surprising at first glance as the syndicate does not own the private portions nor the common portions. However, its main object is to ensure the preservation and the longevity of the building…...
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09/08/2022
The law regulates the liability of contractors and building professionals for any problem related to the quality of construction work. In this regard, the legislator has provided for a specific protection regime for divided co-ownership. Section 1081 of the Civil Code of Québec recognizes the legal interest of any syndicate…...
09/08/2022
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…...
12/02/2015
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…...
30/03/2010
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,…...